Legal Question in Real Estate Law in California

Re: Unmarried, partner seeking title to condo

Well, assuming you are not married to your boyfriend, he has no claim on title. Even if you were married, the house would be separate property. On these facts, you have no obligation to give him anything.

Re: Unmarried, partner seeking title to condo

Your question implies that he's been contributing to the mortgage and upkeep. If so, down the road he might have an equitable claim for some of the value of the home. You still retain title. You might consult with a lawyer knowledgeable in real estate matters to draft an agreement that expresses your intent as to how you wish to handle the property, including a rental agreement.

Re: Unmarried, partner seeking title to condo

Having your name "on title" on a deed recorded in the official records raises a strong presumption of ownership in fee, but that presumption can be overcome in certain circumstances, for example where adverse possession or a purchase-money resulting trust can be found.

If you were married, the use of community funds, whether your earnings or his, to make principal reductions would give rise to a so-called "pro tanto" community interest in property you owned before marriage. So far as I know, this concept has not crept into living-together-arrangements. Unmarried people living together, unless registered as "domestic partners" (which is for some purposes the same as marriage for couples that can't or don't want to marry), are still treated as though it were a business partnership or a tenancy.

So, when you break up (by breaking up or upon the death of either of you), by traditional and I believe by even post-Marvin v. Marvin law, you get the condo, and he is treated as having paid rent.

I hasten to add that there are plenty of legal principles for correcting unjust results, giving effect to people's intentions, etc., so I would strongly advise making it very clear that while you love him, you consider the money he's paying to be rent, child support, and general contribution to shared household expenses, and NOT an investment in the condo. It would help if the amount he pays is commensurate with what these things are worth. It would also help if all the mortgage, insurance and property tax payments are made with checks bearing your name.

Whether you should or could ask him to sign a memo of understanding about this depends upon your relationship and his personality.

In sum, while I think under the law of the 1920s or even the 1950s you'd be quite safe against any challenge to your title, one can't be quite so confident today.