Legal Question in Real Estate Law in California

First, a minor critique of your terminology ....... you'd be adding your name to the title, not to the deed. Next, if the loan payments have been made with community funds (which would include your husband's earnings), you have a so-called "pro tanto" ownership interest in the house, even if it isn't reflected in record title down at the hall of records. However, that is perhaps only in the 10% or so area after seven years of payments on a typical 30-year mortgage. The amount and source of the down payment would also have some effect upon equitable ownership. Now, finally, in order to assure an on-going 50-50 ownership, you'd need to execute, deliver and record another inter-spousal deed ........ but since your loan probably contains a so-called 'due on transfer or sale' clause, you'd have to ask the lender to waive its rights under that clause, OR perhaps do a refinancing if you can get a better deal today, which is likely. Lenders are generally willing to waive the due-on-sale clause but often charge a modest fee for doing so. I think your best bet may be to shop for a favorable refinancing and re-title the property at the same time, and with the new lender's assistance.

It matters in the event of the end of the marriage, by death or divorce. Currently the community status of the property is presumptively husband's sole and separate property, with a community right of reimbursement for any payments made from community funds that increased the equity in the property, i.e., payments to principal on the mortgage and payments for any improvements (not maintenance). That presumption can be rebutted by evidence that the deed you signed was not intended as a gift of community property, but rather solely as a financing necessity. You would be surprised, however, at how many spouses who hold the title suddenly have very different memories of why the house is in their name when they wind up in an ugly divorce. On the death side, if the house is community property, only his 1/2 interest would need to be subject to probate and any estate taxes, whereas you would have to inherit it all as things stand now.

As for whether you need a new mortgage or not, that is dependent on the lender and the loan documents he signed. Many lenders will not enforce the "due on transfer or sale" clause in a loan agreement or deed of trust if the transfer is just from sole and separate property to community property with a spouse. Others strictly enforce those clauses. If your lender will allow it, all you will have to do is execute and record a deed from him as sole and separate owner to both of you as community property or as joint tenants. If the lender will not allow it, you will need to refinance.