Q: My husband and I purchased a home, all the paperwork under him, I signed a Grant deed that was included in the paperwo
The realtor said it didn't affect anything since we are in California. Do I keep the house if my husband passes away?
A: As a initial matter, unless they possess a law license, Realtors cannot and should not give legal advice. Taking title to real property and the effects thereof are legal matters and beyond the purview of Realtors. As an Attorney and Realtor I can and do provide advice to my real estate clients on taking title to real property. Unfortunately I also spend a great deal of time correcting errors made by or caused by legal advice given by Realtors. Often these errors are not revealed until many years later when someone tries to sell the home. In your case, if you and your husband desire for title to the house to pass to you when your husband dies, you should take title as community property with right of survivorship. Taking title in any other manner does not guarantee that title to the house passes to you and invites litigation. If your husband paid for the house using his separate funds and took title in his name, the house may not pass to you upon his death.
Yelena Gurevich agrees with this answer
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