Legal Question in Family Law in California

If your spouse had community property rights to the house, before she left, she will likely still have those rights. Keep in mind, though, that the money you used to pay the mortgage, taxes, insurance, and maintenance of the house, after she left was your separate property, if it was earned, after the separation. You would have rights to reimbursement from the property sale or even a larger ownership interest. That would be a subject of a court hearing or a settlement.

You will need to deal with her interest, if you are going to sell the house. If she is on title, a buyer will require her agreement to the sale.

Unfortunately Mr. Saltzman is not familiar with the law regarding post-separation/pre-dissolution occupancy of the family home. You owe rent by living in the house, and there is a presumption that the rent is equal to what it cost you to live there. So absent evidence to the contrary, it is presumed to be a wash; no credit to you, nothing owed to her. Shares of ownership do not change. Mr. Saltzman is correct, however, that if she is on title to the house you cannot sell it without her or a court order. You need to see a family law attorney immediately.

Mr. McCormick is incorrect about my familiarity with the law regarding post-separation/pre-dissolution occupancy of the family home.

I will not disparage you, Mr. McCormick. Please refrain from disparaging me.