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The mortgage is paid (w/proof) among 5 family members, even though 2 of us don't reside there (we want our dad to have a place). We divide the mortgage equally among us 5. One of the members is the legal owner (he had the credit). The agreement is that when dad passes the house will be sold & $ will be distributed among us 5. The legal owner has never provided any paperwork to us to assure us that will happen. What legal documents should I have to secure this in California.

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As Margaret said, the owner could sell this property and use the money without your knowledge or consent. Or he could secretly use your money for something other than the mortgage, causing a foreclosure, and all that everyone paid would be lost. Or he could take out equity loans that he can't pay, and you would all have to chip in to cover the extra amount or lose the house. People think, oh, I trust this person, but then these things happen. And you will have no recourse.

If one member of your group can't pay anymore, or just decides not to, then the rest of you will have to cover their amount.

When you do get added as an owner, be aware that there are tax implications if some of you are owners living there and some are not. When you sell, the capital gains are different for those who lived in it as a primary residence, and those who didn't. It may also make a difference on your taxes each year. So read up on that, or ask the real estate attorney when you meet.
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Reply to MG8522
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You need to see a California real estate attorney as soon as possible. The verbal agreement is worthless.
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Reply to MG8522
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This is a very tricky legal situation. Technically the one person owns this. Period. Full stop. There name is the only one on the deed no matter who is helping to pay the mortgage, which is irrelevant. When they sell it, if they send out large payments to 4 other people, there will be a tax liability for this person for the gift tax. If instead 4 people have their names added to the deed now, there will be a gift tax due. I'm sure there is a way to do this where the gift tax is also covered by the equity in the sale, but I think it is essential that you enlist a tax attorney to help set this up so there are no financial surprises and no one is put in a bind legally or with the IRS.
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Reply to ShirleyDot
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MG8522 Oct 20, 2025
The amount won't be high enough to incur gift taxes, but if the payment from the owner to each person equals over $19,000, the owner will have to file gift tax forms. There may be other tax consequences, though. California is one of the more complicated states regarding real estate.
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I think you need a written agreement that is signed by all five of you and that indicates that you are co-owners. Don't do this yourself. Hire an attorney. Without something in writing, the person who currently is the legal owner can claim that your and the other family members' contributions to mortgage payments are gifts to him.
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Reply to Rosered6
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MG8522 Oct 20, 2025
A written agreement that they are co-owners won't be sufficient. They will need to be added to the deed. Otherwise, as you said, the owner can claim that their payments are merely gifts.
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You need legal advice and legally drawn documents. They need to cover your rights, fully secured on the title. At present the ‘legal owner’ could sell it, or could go broke and have his creditors take the lot.
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Reply to MargaretMcKen
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I don’t know, but I wouldn’t touch this with a 10,000-foot pole! Family are often the worst people to deal with in business situations. You need to consult a lawyer pronto.
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