Legal Question in Real Estate Law in California

Re: Homeownership title addition

"Title" to real property refers to legal ownership. One gets "on title" by acquiring some legal (as opposed to equitable) ownership. Since "title" usually means "record title," the ownership interest or claim must be written into a suitable instrument, acknowledged (notarized) and recorded.

One can acquire a legal ownership interest in real property in several ways, including purchase, gift and inheritance. Ownership interests, by the way, may include anything from fee simple absolute to a remainderman's position behind a life tenant, or a partial interest held as a joint tenant or tenant in common.

One cannot, strictly speaking, put 'a family' on title; present ownership has to be vested in one or more persons. However, it is perfectly possible to give a house to a family of four by naming each family member in a deed as the grantee

of a one-fourth interest as a tenant-in-common with the others. As a practical matter, this would be a dumb thing to do; it would create a mess for future litigation.

Among other things, selling property owned by minors is very difficult and often requires a court order.

Also, X ahould have a darn good reason for wanting to vest title to his property in Family Y. One possible good reason is that Family Y is paying X a lot of cash. Otherwise, X may find that he has made a gift that he later regrets.

I suggest that you contact me, or re-ask the question on LawGuru, being a lot more specific about the reasons for the transaction, the consideration, if any (price or gift), and whom should be the owner(s) when the dust settles.