Do I Get Any Ownership Interest in the Real Property if I Am Paying the Mortgage?

Detailed Answer

Virginia law distinguishes between legal title and equitable interest. Paying the mortgage alone does not transfer legal title to you. Title to real property passes only by a properly executed and delivered deed under the Statute of Frauds. See Code of Virginia § 11.2-109.

If your name does not appear on the deed, you hold no legal estate. You may hold an equitable interest in limited situations. These include:

• Resulting trust: You contributed to the purchase price or mortgage under a clear agreement that you would share ownership. A court may impose a resulting trust if you prove intent.
• Constructive trust: A court may impose a constructive trust to prevent unjust enrichment if the title holder obtained title through fraud, mistake, or breach of fiduciary duty.

Equitable claims must meet Virginia’s statute of limitations. For a claim to recover land, you must file within ten years under Code of Virginia § 8.01-247. For certain monetary claims, shorter periods apply.

Absent an express written agreement or court-ordered trust, paying the mortgage creates no automatic ownership right.

Helpful Hints

• Get a deed: Always record a deed in your name if you expect ownership.
• Use written agreements: Document any agreement to share equity in writing to satisfy § 11.2-109.
• Title insurance: Obtain title insurance to protect against ownership disputes.
• Property records search: Verify the deed in the county land records.
• Consult an attorney: A lawyer can help you draft agreements or file trust claims.

Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney in Virginia to discuss your specific situation.