Legal Question in Real Estate Law in California

Hope I am posting my question in the right place? I've been married 30 yrs and I am not on the title of the house. (My husband used the excuse way back when that I owe'd bills to a hospital...the one time I wasn't insured..and BEFORE we were married....that they would come after him) so he said in order to buy our house I would have to be off the title. This has always bothered me! We have been in this house 17 yrs now and what small amount I owned would of been written off by now. His excuse for NOT putting me on title now is he got some special deal offered through our city that saves him money on the mortage.) Sorry...I don't understand it all. But I do know it's true. He said he would have to change all the paper work and would lose this deal through the city if he changed it and put me on the title. Plus he said it would cost him alot of money to change it since he has this deal through the city. It orignally had him and his Mom on it...but he used a quick deed a long time ago to take her off. Its funny he can take someone off so easy...but not put me on without a major problem? But what happens if he dies and I'm not on the title...I am going to have a mess on my hands...right? We don't even have a decent will..only one of those you do on a computer which was noterized. My other concern is he has two adult childern from another marriage (my step kids I raised) and I keep telling him if he passed away chances are the house will be split between me and the two kids even though the will we did on the computer says everything goes to me. (His kids are both on SSI and have serious problems.)

He said since I am his wife...and this is CA...a community property state --I would get everything rather I'm on title of the house or not. He said we have been married longer then 10 yrs...so it would all be mine. He said I'm the beneficiary on everything from his job, stocks, mutual funds, etc...that I should quite worrying about it. I have been battling cancer now so I think he just figures I will die first so why bother. But we all know anyone of us can die at any time...no one is promised tomorrow. So if he dies without my name on the title of this house what kind of problems am I going to have?


Asked on 1/16/11, 6:07 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Since you have been married for thirty years but bought the house just 17 years ago, normally the entire house would be considered community property. If he did not use any of his personal private assets to buy the property it would all be community property [that the marriage has been over ten yers matters only as to divorces]. That his mother was originally on title suggests that she contributed so money to the purchase. Her filing a quite title probably does resolve that issue, but it could cause some problems as technically all a quite title means is that she concedes his title in the propety is superior to hers. Many people, however, juse it as a means of transferring the entire interest in the property. Since iassume all the payments for the last 17 years have come from community property assets, any private, personal property ilnterests he might have had in the property have been so comingled with the community assets that the ownership would be considered to be solely community property.

I have no idea why the "deal" he has with the city is dependent upon his denying tha yo have any interest in the property. I would check with the city. I think the only "deal' they would have is loans for residents of a low income and his not having you on the deed might violate the programs intent and terms. You should check wilth the county assessor's Office if he put you on the deed it would have any effect on the property taxes, but Prop. 13 has an exclusion form re-assessment for transfers between spouses.

You do need to check the above out, but I think the only real issue is that your feellings are understandably hurt that he refuses to put your name on the deed.

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Answered on 1/21/11, 8:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, the signing of a will must be witnessed by two or more persons who are not beneficiaries and who sign as witnesses in the presence of the testator, rather than notarized. The will is probably invalid for that reason.

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Answered on 1/26/11, 1:49 pm


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