Legal Question in Family Law in California

Re: Legal Separation/ or not

When people separate, often one of them moves out of the family residence. While you are a co-obligor in the eyes of the mortgage company, you are not obligated to pay one-half of the mortgage if you leave. However, if the house was facing foreclosure and you wanted to save your interest, than it would be in your best interest to help pay the mortgage.

During the separation period, pending a judgment, the spouse who stays in the house usually makes the mortgage payment. That spouse is usually entitled to reimbursement for payments made towards the principal only during that time.

At the same time, the spouse who remains in the home is liable to the community for the fair market rental value of the house. That means if the house would rent for $2,000 per month, you would be entitled to $1,000 for each month that your spouse lives there.

This is a generic answer. Because each case is different, and because there might be in existence facts that you did not disclose here that might change my answer, you should absolutely consult with an attorney regarding your situation.