Legal Question in Real Estate Law in California

Re: House sale

It sounds like your father is a flake and untrustworthy. If you and your husband are the only ones on title, then evict your dad and anyone else in the house. Then rent it out to people who you are not related to and who won't try to take advantage of you. As for the trust, unless your husband forged your name to a deed and they got a crook notary to notarize the deed, the property cannot go into a trust unless you signed a deed putting it into the trust--you don't need to sign the trust itself, just the deed transferring the property to the trust--I hope you did not do that! As for your brother, tell him to get off his lazy bottom, be a man and save enough to buy his own house. Your family sounds like a bunch of freeloaders.

Re: House sale

I would pretty much agree with the previous answer, except that one spouse can put his or her half interest in a house they own as tenants in common or joint tenants into a trust without the consent of the other. That would be wierd, but not illegal.

Don't lose sight of the fact that having your name on title, as shown in the records at the County Recorder's office, is a powerful indicator of ownership, and if anyone tries to strip you of that ownership it will take either an uphill battle in court or some kind of fraud. Houses don't just get removed out of someone's name without signed papers or a court order.