Legal Question in Real Estate Law in California

Without knowing whether he and his stepmother hold title as joint tenants or tenants in common, it is impossible to tell who would get the property if he dies under current title. As for the refinance, if it is a typical refinance to him as sole borrower, most likely what you are being asked to sign is a quitclaim deed. A quitclaim deed will mean you are giving up ANY AND ALL RIGHTS to the property, including any community property claims you may have acquired since you got married. Unless your husband is trying to pull a fast one on you, you both should spend a couple of hundred dollars to consult with an attorney such as myself who is knowledgeable in both Family Law and real estate transactions and get advice on how to handle the transaction so that you all wind up with things the way you want them to be as far as ownership of the property and responsibility for the loan.

The lender is not going to want to have him execute loan documents unless he executes a deed of trust. If the property is owned by more than one person, such as husband and wife, then the lender would require both the sign the deed of trust, and both to be on the loan.

It sounds as though with his desire to be solely responsible for the promissory note, that the lender is requiring you to quitclaim deed your interest in the property to him, meaning you would give up any community property interest in the house, (which appears to be his separate property right now.)