Legal Question in Real Estate Law in California

Please first read all the prior similar questions and the near unanamious opinions by attorneys that you should not, for a variety of reasons, add your children onto any property title.

The only reason FOR putting a son on title, 99% of the time at least, is that if you make him a joint tenant, he may escape probate as to the house when you die. The reasons for NOT putting your son on title include: (1) If the property is financed, it's probably a violation of the loan terms and could make your mortgage become immediately due and payable; (2) The transfer might be deemed fraudulent unless the son pays a fair price - see the California Uniform Fraudulent Transfer Act, Civil Code 3934 - 3934.12; (3) Gift tax may be due; (4) When your son sells the house after you die, he'll pay much more capital gains than if he inherited it from you via your will or trust; (5) A trust will bypass probate just as easily as a joint tenancy; (6) if it ever becomes necessary or desirable to sell the house, or refinance it, the dual ownership is likely to become a major issue - you'll have forfeited your right to be in control; and (7) As a co-owner, your son is entitled to shared possession with you, perhaps a share of rentals if you, for example, move out and into a nursing facility, etc.