Legal Question in Real Estate Law in California

Re: Adding a name to a deed

I would strongly recommend that you see an attorney before you complete this transaction. Real estate agreements are required to be in writing. If your brother later decides that he was only renting the property, you may have no rights to force a sale or claim any equity. Also if something were to happen to your brother (like death or incapacity), you would have to deal with his heirs who may not believe your story of being a "silent owner". Plus, depending on how the asset is held, it may have to go through your brother's probate before it can become yours. While these problems may sound remote, I see them every day. Spend a few dollars up front to document the understanding with your brother so that there isn't heartbreak later if you have a problem.

Re: Adding a name to a deed

Adding your name to the deed is easy. Enforcing your right to have it done is not easy unless you have a written agreement. Also, how do you plan on distributing the money if the property is later sold. Make sure that you have a written co-ownership agreement. You can pay a few hundred dollars now or a few thousand later.

Re: Adding a name to a deed

Messrs. Schomer and Koenen are absoluely correct. If you want this situation to turn out the way you envision it turning out, you MUST memoralize your intentions in writing, and you MUST consummate this transactin properly. PLEASE, spend a few hundred dollas with an attorney so you save yourself not only the cost of future litigation, but the heartache that come with a deal gone sour.