Legal Question in Real Estate Law in California

1) No, not at all.

2) Since he has an existing mortgage that undoubtedly has been paid down out of his income during the marriage, you actually have mingled funds and assets and you have some (probably modest) unvested community property interest in the house. Therefore Wells Fargo want's your interest to be subject to their deed of trust should you ever divorce and assert the community property claim against the house. That is why they want you to sign (although more commonly they just ask you to give a quitclaim).

OK, let me first ask you about the existing mortgage. Where is the money for the payments coming from? Your husband's paychecks? Aha! Those are community property. So, under California appellate court decisions, your marital community is acquiring an interest in his home. That means you are indeed a partial owner -- perhaps to a very slight degree, to be sure -- of his house, even though recorded title down at the courthouse will show only him as owner. As a partial owner, the very cautious and experienced bank will want to protect itself by having you appear as a co-trustor, even though you are not a co-borrower. That's marriage in California.

The name match requirement just means that the name of the person signing the note should match the name of the person signing the deed of trust. It does not necessarily mean that parties that sign the deed of trust also must sign the note, or vice versa.