Legal Question in Real Estate Law in California

Re: home ownership

As he appears to have owned the home before your marriage, it is his private property and not a community asset, so he can do as he likes as to its ownership. If he uses community funds to pay the mortgage, upkeep,insurance, etc, then certainly to the dollar extent of those funds it is a community asset. Courts have disagreed as to whether it transforms the house partly into community property or you just have the right to get 1/2 of the value of the funds back, with perhaps the appreciation that has occurred.

When he dies, what he owns as separate property goes in the manner stated in his Will; if there is no Will, his estate all goes to you.

Did she buy his ex-wive's interest in the house or just get her to agree to remove her name. If gettling her off tiltle is not part of the divorce decree than she might have some ownership claim if he did not buy out her interest.

The circumstances of your question suggest that the two of you may have some serious issues between you. Has he told you why he will not put your name on the house, do you want your name on it because you have little in the way of assets and want some security, do you want it because you feel you are entitled to have of he assets no matter what, etc. You may need to speak to some neutral third party about this as money is the number one reason for divorce.

Re: home ownership

This question is a family law question more than a real property question. The use of community funds to pay for the refinance gives a community property interest in the home. The community property interest in the home would be the increase in equity in the home as a result of the use of community property money to pay the mortgage.