Legal Question in Family Law in California

Re: We are about to buy a house, my husband wants to use only his name on it

Property obtained during the marriage is presumed to be community property. However, should he die or there is a divorce you will have to prove that the house was purchased during the marriage, which is usually easy to do, and that community property funds were used to purchase the house. This may or may not be easily done. You should ask why he does not want your name on the deed. Unless you have very bad credit, I don't know of any reason for not adding your name to the house and loan agreement. To simplify your life you should have some written document that gives you a written interest in the house. Unless your name is on the deed to the house, you should consult with an attorney regarding protecting you interests.

Reply: We are about to buy a house, my husband wants to use only his name on it

In a general sense, the safest thing to do is to refuse to sign a quitclaim deed.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: We are about to buy a house, my husband wants to use only his name on it

It means that if the house is taken in his name that it probably belongs to him with no interest to you. If he takes it in his name to protect your interest you need to have a written agreement that says that he is taking in trust for the two of you. Good Luck, Pat McCrary