Legal Question in Real Estate Law in California

Politely decline until he is ready to tie the knot. But if you insist, he can give you a "grant deed." Consult an attorney to have it drafted.

A grant deed would certainly work. The granting clause could read something like "I, X, hereby grant to X and Y as equal tenants in common, the property in Z (city or county), assessor parcel # ----- , and legally described as..."

When deciding what's fair here, keep in mind that someone who contributes to the down-payment may be equitably entitled to a percentage of ownership reflecting the percentage of the down-payment she made, irrespective of how title was actually taken and recorded. I'm not at all suggesting you should assert an ownership interest, by lawsuit or any other way, but do keep in mind that if he gives you a half interest after you paid 55% of the down payment, in a sense you are being shrt-changed.

I also would point out that a high percentage of boyfriend-girlfriend co-ownerships end up on the rocks. I was in one once personally, and I have a client taking her former boyfriend to court right now. So get everything in writing (your understandings about who will pay the mortgage, insurance, property taxes, maintenance) and who is entitled to what share of the net selling price when that happens. Is it a fixed amount, or a percentage?

Even if your two do live happily ever after, your executors will want some guidance.

To Mr. Whipple's very good answer I would add that there are tax consequences of the choices you make in this arrangement. You really should spend a couple of hundred dollars on talking to an attorney in person to help make sure you wind up with ownership documentation that clearly establishes the economic relationship you two want in the property, and minimizes the tax consequences.

I would also add that if there is an existing deed of trust, such a conveyance may trigger the "due on sale" provision in the deed of trust. The best thing is to discuss what you want to do with a competent attorney, and have the issues raised here reviewed.