Legal Question in Real Estate Law in California

Re: spousal liabilty as co-signer to mortgage but not on deed

If your or your child's name is not on title, it would not automatically pass to you or your child. It is likely that you would be required to open a probate proceeding to have the property transferred to you. In the process of probating your husband's estate, the personal representative (in all probability, you) would be required to give all of your husband's known "or reasonably ascertainable" creditors notice of the probate and allow them an opportunity to file creditor's claims.

If your name was also on title to the property with your husband, as joint tenants, or as community property with rights of survivorship, the property would automatically pass to you.

You really need to see an attorney to advise you on this matter, and to help with preparing the deed if it is advisable to transfer the property into you or your child's name. Remember, too, that it is your husband that will need to sign and record a deed transferring title. You cannot accomplish this without your husband's consent, and action.

Finally, you should be careful when transferring title to the property. Under certain circumstances, you and your husband might be liable for violating the Uniform Fraudulent Transfers Act.

Re: spousal liabilty as co-signer to mortgage but not on deed

I agree with Mr. Hoffman. Your scenario is a little to complex to give a blanket answer. You need to consult an attorney to see what are your best alternatives.

Re: spousal liabilty as co-signer to mortgage but not on deed

It appears you want the property to transfer to your child in the event your husband predeceases you both. This can be accomplished through the way title is held to the property or with a trust. Feel free to give us call to discuss these and other options.