Detailed Answer
Under Indiana law, paying a mortgage on property does not automatically give you legal ownership if your name is not on the deed. Indiana recognizes the person named on the recorded deed as the legal owner. You can review the relevant provisions under Indiana Code Title 32: Real Property and Conveyances.
Legal Title vs. Equitable Interest
Legal Title resides with the person whose name appears on the deed. Mortgage payments alone do not transfer that title.
Equitable Interest may arise if you and the titled owner had a clear agreement that your payments would earn you an ownership share. In such situations, an Indiana court could impose a resulting trust to prevent unfair enrichment of the deed holder.
Quiet Title Action
If you believe you have an equitable claim, you can file a quiet title action under Indiana Code § 32-21-1. This process lets a court determine and declare who holds legal or equitable title.
Helpful Hints
- Review the deed. Only names on the recorded deed hold legal title.
- Document any agreement. Written agreements on payment contributions support an equitable claim.
- Keep records. Save mortgage statements, bank records, and correspondence showing your payments.
- Consider mediation. You may resolve ownership disputes outside of court.
- Act promptly. Indiana’s statute of limitations for property disputes may bar your claim if you wait too long.
Disclaimer: This article provides general information about Indiana law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.