Legal Question in Real Estate Law in California

Not sure what you mean by "...my husband and I have..." if his name alone appears on the title, but you may indeed have some interest or other rights in it, despite record title.

First, neither spouse may exculde the other from the other's dwelling (absent a court order). This is a possessory right and has nothing to do with ownership. Family Code section 753.

Next, if the house were bought while you were married, and either community funds or your separate funds were used for some or all of the down payment, you (directly or through a community-property interest) would be a beneficial or equitable part owner, irrespective of how legal title is held.

Finally, if community funds have been used to reduce the principal balance of a mortgage, or to make improvements, the community will have acquired an interest, in relation to the relative amount of community funds invested. Remember that, during marriage, the earnings of both spouses are community property, so even if your husband paid the mortgage from his own paycheck, the community is acquiring an interest. For more information, Google "Moore-Marsden formula" and "pro tanto interest" or ask a family law attorney.

I agree with Mr. Whipple. An attorney would want to know more information to determine what rights you have, as pointed out in the various nuances of the law set forth by Mr. Whipple.

I agree with Mr. Whipple, but write separately to simplify. Whose name is on title is only one factor among many in determining what interests a husband and wife have in a piece of property. When it was acquired, where the money came from to buy it and pay the mortgage, and how and when that money was acquired are all equally or more important. Without knowing the financial history of the property, there is no way to tell for sure what interest each spouse may have.