What are my rights to a property if I’m on the mortgage and not the deed?

UPDATED: Oct 1, 2022

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What are my rights to a property if I’m on the mortgage and not the deed?

My fiance bought a house and the deed
is in his name. We remodeled the house
and refinanced and added my name to the
mortgage but not the deed. Both of our
names are on the property tax also. We
have a child but we are separating.
When we sell the house do I have legal
right to half of the sale?

Asked on December 2, 2017 under Real Estate Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you do not. The mortgage is a loan: you agreed to be responsible for the loan. The mortgage is not ownership: only the deed or title is. If you are not on the deed or title, you are not entitled to a share of the proceeds, since only owners get a share of the equity or proceeds.

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