Legal Question in Real Estate Law in California
Title on Real Estate Property Deed
I am a divorced woman with one child. My boyfriend and I are buying a home together. We are each paying 50% of the down payment, closing costs, etc. and we will each pay 50% of the house payments, insurance, taxes, etc. My question: how should the title on the property read; my concern should I die, I want my son to receive my share of the property. Should the title be: Joint Tenants and then add this property to a trust for my son?
1 Answer from Attorneys
Re: Title on Real Estate Property Deed
Property held in joint tenancy passes to the surviving joint tenant immediately upon the death of the other joint tenant.
Property held as tenants in common does not pass to the surviving in common tenant.
You should contact an attorney that does wills and trusts and then have that attorney advise you as the best manner of holding title.