Legal Question in Real Estate Law in California

The first question raised by your set of facts is whether the family law judge acted fairly and properly, and with full information. Specifically, was the judge properly informed by the dissolution of marriage paperwork? Was the family home indeed not community property? Sometimes a spouse acquires a (usually small) partial interest in an otherwise separate property home when community funds are used to make principal payments. These are called "pro tanto" ownership interests.

Next, a property division in a dissolution usually follows the principle that each spouse gets 50% of the community assets along with 50% of the community liabilities. This formula is sometimes fine-tuned and tweaked, for example, to take into account that some community assets may not be ready for immediate sale so that the cash can be divided. In such cases, the judge will try to create a property settlement that achieves effective 50-50 splitting in the longer run. So, you need to look at the long-run overall effect.

Finally, the judge's order probably removes your right to the house; however, you should read the entire order carefully, preferably with a lawyer's assistance, to be sure there isn't some aspect of the order you've overlooked. If there is a clerical error or the judge made a mistake, you'll need to act very promptly to get a rehearing or to appeal, The time lines in family law are generally very short before things become final. If you assisted your ex-husband financially after the date of separation, chances are good that's be treated as a gift unless you had an agreement, probably in writing, giving you a right to repayment or other compensation. If still in doubt, have a conversation with a local real estate or family law attorney.

I'd have to review the underlying case to tell you for sure. I'm sorry, but I feel like there are other facts that are relevant to what happened.