Legal Question in Wills and Trusts in California

Adding your name to the house is one way to go, and is good for you. Another is for him (or both of you if adds your name to the house first) to put the house (and the rest of his/your assets) in a revocable trust which provides that you get the house if he dies. The benefit of the revocable trust is that it will help you avoid probate if something happens to your boyfried. From his standpoint, of course, the trust is better as he can always change that on his own, which he can't do if he just adds your name to the title of the house.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

The answer to this question depends upon your agreement with your boyfriend. You state that the property was purchased on the basis if his credit which implies to me that only his name is on the title to the property. But, is your agreement with him that you are both acquiring the property? Did you invest money towards the down payment? Are you going to make some or all of the monthly mortgage payments? If the answer to these questions is affirmative, then your name should be added to the title.

Generally, verbal contracts relating to real estate are unenforceable. Therefore, any agreement you have with your boyfriend should be reduced to writing (which should be prepared by an attorney representing you).

From your perspective, your name should be added to the title rather than simply relying upon his verbal promise to add you to his Will.

For additional information and details, see my website at sandiegoestateplanningattorney.net

NOTICE: The foregoing is for educational purposes only and should not be relied upon as legal advice in connection with any legal or tax matter. Nor is the above answer intended to establish an attorney-client. A written fee agreement is required in order to establish an attorney-client relationship or to provide legal advice or legal services. Also note that legal matters and issues may be time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.