Legal Question in Real Estate Law in California

Re: Non-married Couples property rights

with any non-married couple the rules that would apply in a marriage do not apply. to protect both of you i would strongly advise that you enter into some sort of written partnership agreement otherwise your various "rights" are going to be very cloudy.

Re: Non-married Couples property rights

First, what you are proposing to do is fraught with problems....not so much now, but in the future. I speak from personal experience.

Second, although California now allows the creation of joint tenancies by direct transfer, it is not entirely straightforward; you need to convey from Yourself as sole owner to "Yourself and Other as joint tenants with right of survivorship" to avoid possible treatment of the conveyance as creating a tenancy in common. Services of an attorney in drawing the deed are highly recommended.

Third, be sure the lender permits the transfer. It could breach a term of your note or deed of trust.

Fourth, gifts to unrelated parties may be taxable. If you give your partner a half interest without a concomitant obligation to pay, the IRS could find a taxable transfer.

Your partner's fears probably stem from his knowing some of the aspects of community property law applicable to married couples. You have neither the benefit nor burden of those provisions and ordinary contract and real estate law will govern your respective rights. The persons on title will have presumptive ownership; between two true joint tenants this is always 50-50 (and between three, always 1/3-1/3-1/3, etc.).

Notwithstanding this, it is possible that in the future one of you may have a valid claim for money damages against the other arising out of some written, oral, or implied contract respecting the house or some other aspect of your relationship. Since you don't have the benefit of community property law and the well-settled guidelines of dissolution proceedings, the suit itself and the court's and jury's decisions could be unpleasant surprises. You can minimize potential future problems by having an agreement, sort of like a prenuptial agreement, draw up by an attorney who is sympathetic with your LTA.

The whole area of law surrounding unmarried couples is in its infancy, and Marvin v. Marvin did little to resolve things. There are self-help law books on this subject which are of some use in pointing out problems but you really need professional assistance for writing the deed and hopefully for drafting an LTA contract for you.