Legal Question in Family Law in California

If he is not living in the home with you and you have no court order mandating that he must pay 1/2 of the mortgage on the residence, then you presently have no legal standing to demand that he pay that mortgage. If he is living in the home and you have a pending divorce or legal separation yet no court orders on house payments, the best solution is to file a motion asking for his financial contribution.

If you have an existing order from the court requiring payment, then its time to return to court on a motion requesting enforcement of the order, attorney fees and sanctions. You may also be entitled to contempt motion relief if he is willfully disobeying an existing order for payment. Many more facts are needed in your case to provide a detailed answer. I urge you to locate and meet with a skilled family law attorney in your jurisdiction.