Detailed Answer
Under Vermont law, simply making mortgage payments does not create an ownership interest in real property. A mortgage is a security device that secures repayment of a loan; it does not transfer title. Ownership vests when a deed conveys property and that deed is recorded. See 27 V.S.A. § 342.
In Vermont, a valid conveyance requires delivery of a properly executed deed and recordation in the town clerk’s office. See 27 V.S.A. § 341. If your name is not on the recorded deed, you have no legal title.
However, you may have an equitable claim if you and the record owner agreed that you would gain an interest. Vermont courts may impose a constructive trust or award restitution under unjust enrichment if you can prove a clear agreement and financial contributions. Those claims rely on common law principles rather than statute.
If you are married, contributions to a primary residence typically form part of marital property subject to equitable distribution under Vermont’s domestic relations statutes. See 15 V.S.A. § 751. Even then, you do not hold title unless the deed names you.
Disclaimer: This article does not provide legal advice. Consult a qualified attorney to evaluate your specific situation.
Helpful Hints
- Ownership comes from a deed, not mortgage payments.
- Record your interest by filing a deed in the town clerk’s office (27 V.S.A. § 341–342).
- Use a written co-ownership agreement or declaration of trust to document shared intent.
- Keep thorough records of all payments and communications.
- Explore constructive trust or unjust enrichment claims if no deed was executed.
- Consult an attorney for drafting deeds or resolving title disputes.