Legal Question in Family Law in California

Re: abandonment of house

No. By moving out, you might be triggering the "separation date" of the marriage. This date is important because after that date, generally, community property ceases to accrue. That means your income and your spouse's income become your respective separate property.

Bear in mind, however, if your spouse were to use their separate income to pay the mortgage on the house, then they might just accumulate "credits" towards reimbursement when the house is divided.

If you do move out, and you are the one who were to continue to pay the mortgage with your separate income, then you would be accumulating "credits" towards reimbursement.

Finally, if you two were to pay the mortgage 1/2 each, then when the asset is split, it would be split without anyone receiving credits.

Now, there may also be credits given to the "out-spouse" for 1/2 of the fair market rental value of the home as you will be leaving your spouse in sole use of the house until the asset is split.

You really need to get this clarified with a lawyer. Perhaps it would be prudent to seek a consultation prior to you leaving so you know where you stand.

Call your county's Bar Association Lawyer Referral Service to get a qualified lawyer to consult.

Hope this helps.