Legal Question in Real Estate Law in California

Re: Addind a name to a deed

You can have a deed drafted to transfer an undivided interest in the property to your significant other. Depending upon what you want to happen to the property if either of you dies, title can be taken in joint tenancy or tenancy in common. If you use joint tenancy, whoever survives will own the property outright. If you use tenancy in common, then you each will own 1/2 of the property, and can dispose of it upon your death in any manner you like. You should see an attorney to discuss your wishes before deciding how to take title.

As far as the mortgage is concerned, although your significant other will not be personally liable for the debt, the property will remain subject to the debt. In essence, if you die, your significant other will either have to pay the mortgage, or replace it with a new mortgage. If the mortgage is not paid, the lender will have the right to foreclose, and your significant other will lose the property.