Legal Question in Real Estate Law in California
My girlfriend and I will be purchasing a single family home in January and were wondering how to vest title? We hope to be getting married in the near future.
3 Answers from Attorneys
Please, pretty please, get married first. You could take title as H and W as joint tenants with the right of survivorship, which could save you lots of hassle and attorney fees if one of you were to die without a will. You can always change this. After you get married and purchase the home, see an attorney about making an estate plan.
Most unrelated people acquire title as tenants in common. After you get married, see an attorney about making an estate plan, which might include changing how you hold title to one of the forms reserved for married couples and registered domestic partners.
I'm with Stone. The potential pitfalls of unmarried couples buying real property together are innumerable. If you were not planning to get married, it would be one thing, but since you are, it would be a really really good idea to do it before you buy property.