Legal Question in Real Estate Law in California
My boyfriend and I are moving to California and he wants to buy a house for us but we are not married yet and he is the one paying for the house (cash) as well as he has the high income. I may not initially have a job and I want to make sure I protect my interests considering it is a big move. What are some of the risks I can about and what precautions should I take?
2 Answers from Attorneys
The person who pays the down payment becomes the owner. If the owner wishes to make a gift of part ownership, he can, but the gift should be made by an express written instrument, i.e., a gift deed. Your best bet for protecting your interests is to be darn sure of the relationship, not to figure out how to become a part owner of the house.
the only protection of value to your is marriage. Without that, you would need a well drafted [expensive] pre-nuptial agreement that specifies all the rights and obligation of the parties. If is like a partnership agreement. Without either, you can get booted to the curb any time.
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