Legal Question in Real Estate Law in California

You may legally stay in possession, and are eviction-proof, if two things are true: (1) you are currently in possession; and (2) you have a valid claim to ownership or co-ownership.

You don't need to be "on title," necessarily, in order to be an owner or co-owner, even though being "on title" per the records down at the County Recorder's office is rebuttable evidence of true ownership. One can have a beneficial or equitable ownership interest that isn't reflected in the records, and such ownership can be asserted in a legal action, if necessary, either with you as plaintiff in an action to quiet title in yourself, or as a defense to the ex-boyfriend's suit for eviction or whatever.

Your equitable argument to be recognized as owner or co-owner would be based upon proof that the down-payment was a gift to you, or, possibly, that you also made part of the down-payment with your own funds.

Proof of ownership contrary to that shown in a recorded deed is possible, but somewhat difficult, due to the legal presumption that the deeds on record accurately show true ownership. However, you may have a sufficiently strong case to overcome the presumption. Your case would be helped by believable testimony of third parties that knew about the gift arrangement, and by any written documents such as loan applications, the purchase contract, etc. which might discuss the ownership, loan, gift, etc. issues as they stood at the time all these deals were made.

Please feel free to send me directly any details, documents, etc. for a further free analysis. I have a sort of sub-specialty in dealing with gifts for real-property purchase, so-called purchase-money resulting trusts, equitable vs. legal title, and co-ownership in general.