Detailed Answer
Under New Hampshire law, ownership of real property depends on who holds legal title, not who makes mortgage payments. A mortgage is a security interest that secures a debt; it does not itself grant ownership rights. See RSA 508:1 for the statutory definition of a mortgage: https://www.gencourt.state.nh.us/rsa/html/LVIII/508/508-1.htm. The deed recorded at the Registry of Deeds determines who owns the property.
If your name does not appear on the deed, paying the mortgage alone does not create a legal or equitable interest. You may acquire an equitable interest only if you and the titleholder enter into an express agreement stating that your mortgage payments will result in shared ownership. New Hampshire courts recognize express trusts when parties put their intent in writing. Without a written agreement, you could attempt to prove a resulting or constructive trust based on unjust enrichment, but courts evaluate these claims on a case-by-case basis and require clear evidence of intent.
When two or more people share ownership, they become co-owners under RSA 477:1: https://www.gencourt.state.nh.us/rsa/html/LVII/477/477-1.htm. Tenants in common each hold an undivided interest in the entire property. To protect your interest, you should record a deed reflecting co-ownership. If co-owners cannot agree, either party may file a partition action under RSA 547:1: https://www.gencourt.state.nh.us/rsa/html/LVIII/547/547-1.htm to ask the court to divide or sell the property and distribute proceeds.
Helpful Hints
- Record a deed in your name to establish legal ownership.
- Draft and sign a written agreement or trust document if you plan to share ownership.
- Maintain detailed records of all mortgage payments and related communications.
- Consider a quiet title action to clear any disputes over ownership.
- Consult a licensed New Hampshire attorney for advice tailored to your circumstances.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws change and outcomes depend on specific facts. Consult a qualified attorney to discuss your situation.