Fiance already owns home, what do I do?

mnpiazza

So my fiance and I are set to wed in January 2015 and we are doing a premarital agreement.  He bought his current home 45 days before we started dating and moved into the house a few days after we were dating. We have maintained seperate residences as I have an apartment currently. Since being together I have stayed at his house 3-4 days per week and he and I have put our time and effort into decorating the house. In agreeing to signing the premarital agreement my requirement was that the house that we have spent our entire relationship in and the house we will be raising our family in to be community property. He agreed to this. Come to find out when he and I were reviewing the premarital agreement before it is sent to my representation it shows that the house will remain his sole and legal property but that any money put in after the marriage will be divided should a divorce occur.  Which basically means that although he will have to pay me for half of the money the house is worth I have no legal rights to the house. So if we have children (which we plan to) I will have to move. I feel like this is basically not going to be OUR home; it will always be his and I'm simply living in it. He doesn't seem to understand why this is hurtful.  To note; prior to this draft being written I clearly expressed that if this could not be done then we would need to buy a house together in both of our names. We absolutely love this house and I had hoped to call this our home but clearly I will not have any rights to this home ever. Any advise?!

englishtrish1

Have you asked him why he changed his mind?

mnpiazza

He said he tried but due to California state laws that it was not possible to write it the way he and I agreed which is why they wrote that under the law I would be entitled to 50% of the value of the home as community property. So I'm entitled to the money but the house is not technically "ours". I'm not realestate law savvy and then suggested we re-purchase the house together but apparently this isn't possible.

ab6704a

Your fiance should be able to add you to the deed.  Do some research on Quitclaim Deeds in California and consult your lawyer(s) on that option.  They are used to transfer property but from what I've read they can also be used to add a name to the deed.

JaydenUSR

Agree with @ab6704a, Check the Quitclaim Deeds in California and if possible consult a lawyer. There is a way to add your name to the deed. All you need to do is ask someone who is expert to it. 

dutchgirl76

I would have your name added to the house for all of the reasons you mentioned above. My Dad is going through a tough time as my mom passed away and she owned property in another state only in her name. Even though they were married 31 years there's all kind of laws that make it hard to obtain the property. You should also have your name on the house you both live in, just my opinion.

mnpiazza

Thank you! I hope I'm not being ridiculous but glad to hear that I'm not the only one who would do this!