Legal Question in Real Estate Law in California

They take the contract as it was and can not change the terms unless the contract provides for it. But what the contract states has absolutely nothing to do with who the legal owner of the house is. From your viewpoint, it might be best that they dropped you, as you may not be responsible for repayment of the loan. They can not object as to who pays the loan amounts so you can keep paying for as long as it is worthwhile for you.

The situation you describe is basically impossible, which suggests to me you don't really understand what is going on at all. You don't even say whether there has been a probate, which is an essential element of this situation. You need to meet with an attorney in person to figure this out.

First, be careful to distinguish being "on title," meaning you are an owner or the owner, on the one hand, from being a borrower on the loan, meaning you signed a promissory note and deed of trust promising to repay. Although usually the owners and the borrowers are the same, it's not necessarily always so. I just mention this as a starting point although this comment may not bear on your confusion at all.

Also, recognize that a "deed" and a "deed of trust" are conceptually very different....one is used to buy and sell interests in real property; the other is used to secure (collateralize) a loan.

Next, I agree with the other answers that your loan agreement cannot be modified unilaterally to increase or decrease the number of borrowers. I think you need to re-examine what the promissory note, the deed of trust, and perhaps the deed (or title) say, so that you are completely clear on what these instruments really say and don't say. One possibility here is that when the refinancing was done, you were induced to quitclaim your ownership interest to your husband.

Upon your husband's death, a question arose as to whether his property would pass to you or others, and in what proportions, based on four or five various considerations: (1) did he have a will? (2) Dis he have a trust? (3) Was any property owned in joint tenancy? (4) how much is community property? and (5) How many close blood relatives did he have? All of these issues may have some bearing on who now owns property he used to own or share, and perhaps on who is now responsible for paying off the loan balance.

Remember, a person's debts don't just disappear when he or she dies. They usually become debts of the estate, and must be paid before the heirs take anything.

Mr. Whipple makes some good points. The big question I have is whether you are on title to the property, and how exactly that title is held. Institutional lenders do not accept loans secured by deeds of trust on property jointly held by both spouses in California, unless both spouses execute the paperwork for the loan, or one spouse deeds their interest to the other spouse. My follow up questions would involve the estate planning documents discussed by Mr. Whipple.