Legal Question in Real Estate Law in California

Re: Contract/ tenants in common

Actually you mean that your boyfriend purchased the home, as he had the credit and he is the only one on the note and the only one on title! The fact that you make mortgage payments is not much contribution, as it probably is less than rent which you would have to pay somewhere anyhow and your contribution is certainly not "equal"...that said, if he wants to put you on title, all he has to do is add you to the title. He can add you as a joint tenant or as a tenant in common. He would need to get a deed and sign it in front of a notary and then record it; however, you mentioned "credit" problems, and if you have any judgment creditors or anyone out there who might sue you, once you are on title, their liens can attach to the property. You can always enter into a "written agreement", but without any record of that agreement on the title, it is no protection in the event your boyfriend wanted to sell or transfer the property without your knowing it.

Re: Contract/ tenants in common

The answer depends in part upon what your loan says about transfers of ownership, and if there is a restriction such as the very common "due on sale" clause, any deal between you that required a present or future transfer of an interest in the property might trigger the clause and at least technically make the loan due and payable in full. Lenders often waive these clauses, sometimes charging a fee to do so, but you would have to work out something with the current holder of the loan, and get an OK in writing for transfer of a partial interest.

A written contract spelling out just what you've said in your question, and including some dates, dollar amounts and a description of the property, signed by each of you, would be the minimum needed to bring about the result you want if it were necessary to go to court in the future. Having your signatures notarized would be helpful but is not necessary.

I would suggest including an attorney fee clause stating that if legal action were necessary to enforce the agreement, the prevailing party's legal bills will be paid by the party that, on balance, loses.

The contract should state that neither party intends to make a gift to the other of any interest in the house, and that although there is co-ownership, no busines partnership is intended.

Absent a contract between you, and despite legal or record title being in his name only, a court would probably regard equity ownership as being held in proportion to the down payment contributions, with you having a right to reimbursement to the extent of excess outlays over the proportion of your ownership. With real estate values stagnant or declining, as of today you might be better off with a claim for reimbursement than with equity ownership. However, you should look to the longer run and go ahead at least with the contract, if not also getting on title.

Finally, while you could perhaps write a contract yourselves, with something as valuable as real property you would be wise to have a local lawyer draft it for you.