Legal Question in Family Law in California

Why are you refi'ing if she's not on the mortgage or title? The only reason to refi in a divorce is to get the other spouse off title and the debt. If you are concerned that it will be treated as a community debt even though she is not a named borrower (which it could be if the loan was taken out during the marriage) then you have to wait until the divorce is final. Otherwise you may find you have just created a new community debt as far as the lender is concerned.