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.


Asked on 9/14/10, 3:23 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 9/19/10, 5:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 9/19/10, 6:43 pm

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.

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Answered on 9/20/10, 4:25 pm


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