Legal Question in Family Law in California

Re: shelter in divorce

The question is far more complicated and fact driven. You really should consult with an attorney to get more details and positions.

First, you mention nothing of the timeline. 1 year marriage is vastly different result from a 10 or 20 year marriage.

Second, you say husband owned the house, but was it paid off and owned clear before marriage, or was it in his name, but he was making mortgage payments. Due to community property nature of California law, payments made during marriage create an exposure for some interest in the house, in the form or reimbursement. Add re-fi's and anything is possible.

Third, balancing some of these factors and possible exposures, you can make any claim for settlement you want, but the bargaining chips must be there in order to carry any sway.

Again, any house related issue is very complex and you should consult with a lawyer.