Legal Question in Real Estate Law in California

If you are both on title to the house and both are borrowers on the mortgage, it would most likely be an event of default on the mortgage for either of you to give up their ownership of their share of the house. So you would most likely have to refinance into a mortgage solely in your name, if you want to put title solely in your name. There shouldn't be any tax consequences for an inter-spousal transfer, though your husband would no longer be able to deduct mortgage interest and property taxes even though he would still be paying it. If you continue to file a joint tax return that wouldn't have an impact. If the home is in an existing trust, it would have to be transferred out of the trust before you could be given sole title to begin with. Once it is out of the trust and in your name as sole and separate property, you would be free to create a new additional and separate trust and put the house in it and solely control it. You would want to update your will to reflect the changes.

All that said, however, it would be a very odd and unusual thing to do which can have unintended consequences down the road.