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  1. #1
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    Sep 2016
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    Default How Do You Get Equitable Title to Real Estate

    How can you claim equitable title to real estate in California. For example, if you are living in a home and paying half of the mortgage payment, do you have a basis to claim equitable title?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Do You Get Equitable Title to Real Estate

    Equitable title is an interest that allows somebody to gain ownership of real property, despite the fact that somebody else holds legal title. Merely paying toward a mortgage is not going to create equitable title.

    A common context in which equitable title arises is the land contract (deed of trust; contract for deed), in which a property owner enters into the self-funded sale of real estate to a buyer. As a result of their entry into the land contract, the seller continues to hold legal title, and the right to seek foreclosure or forfeiture if the buyer defaults, but the buyer has equitable title and the right of possession.

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