Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
In Louisiana, paying a mortgage alone does not automatically grant you an ownership interest in the real property. Ownership in Louisiana arises only through a valid conveyance—typically a duly executed and recorded act of sale or donation. Louisiana Civil Code defines ownership as the right to use, enjoy, and dispose of a thing (La. Civ. Code art. 486).
Here’s why mortgage payments alone don’t create ownership:
- No Deed, No Title Transfer. Legal title passes only by notarial act and recording with the parish recorder. Without a written deed, you hold no real right.
- Mortgage vs. Ownership. A mortgage secures a loan on property; it does not convey title. The mortgagor (borrower) retains ownership; the mortgagee (lender) holds only a security interest (La. Civ. Code arts. 3278–3366).
- Equitable Interests. If you have a written agreement (e.g., co-purchase contract) providing for partnership or co-ownership, you may obtain an equitable interest. Such agreements must comply with Louisiana law and are enforceable as contracts.
- Community Property Rules. If you’re married under Louisiana’s community property regime, payments from community funds toward a mortgage on community property reinforce the community’s ownership but do not create separate title for one spouse.
In rare cases, courts may recognize an implied trust or equitable lien if one party pays the mortgage to preserve title on behalf of another, especially where fraud or unjust enrichment is alleged. These situations depend heavily on the facts and require judicial action.
Helpful Hints
- Always record any deed at the parish recorder’s office to secure your real right.
- Obtain a title search or title insurance to confirm who holds legal title.
- Use written agreements if you intend to share ownership or repayment responsibility.
- Consult an attorney before making large payments on property you do not own.
- Keep clear records of all mortgage payments and related communications.