Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When you pay a mortgage but you aren’t on the deed, you do not hold legal title to the real property. In Kansas, title to land transfers through a properly executed and recorded deed. A mortgage is a loan secured by that land; it does not convey ownership. Unless your name appears on a deed recorded at the county Register of Deeds office, you have no legal ownership—even if you make every mortgage payment.
Under the Kansas Statute of Frauds (K.S.A. 33-106), any agreement that transfers an interest in real property must be in writing and signed by the party to be charged. Without a written agreement, courts generally will not enforce an oral promise to convey ownership. However, Kansas courts recognize resulting trusts when one party furnishes purchase funds but title goes to another. If you can prove an express written agreement, a resulting trust, or unjust enrichment, a court may impose an equitable interest in your favor.
You can also seek clarity through the Kansas Declaratory Judgment Act (K.S.A. 60-1701 et seq.). A declaratory judgment can define your rights and obligations under any purported agreement. If you hope to secure formal title, consider executing a quitclaim or warranty deed in your name, or negotiating a co-ownership deed. Always record any deed with the county Register of Deeds to give public notice under the Kansas Recording Act (K.S.A. 58-2201 et seq.).
Helpful Hints
- Review the deed recorded at the county Register of Deeds to confirm legal ownership.
- Obtain a written co-ownership agreement or have your name added to the deed.
- Understand that a mortgage secures a loan, while a deed conveys title.
- Consider equitable remedies like a resulting trust if you funded part of the purchase price.
- File a declaratory judgment under K.S.A. 60-1701 et seq. to define ownership rights.
- Consult a licensed Kansas attorney for personalized guidance.