Legal Question in Real Estate Law in California

I am married and purchased a home last year with my Dad as a co-signer because my husband had a short sale the year before (I was not a part of that). My husband signed a quit claim to the new house and my Dad and I took title as 50/50 owners and sole and separate property. My husband and I are now separating and I am going to move out for the next 5 or 6 months while we go to counseling and decide if we want to get back together or get a divorce. I will continue to pay half the mortgage even though I will not be living there. If we do decide to divorce, what interest will my husband be entitled to as far as the house goes? There is no equity in the home. And will I have to evict him to get back in my house if that day does come?


Asked on 5/19/11, 12:25 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

He would only have an interest to the extent he contributed towards a downpayment towards the purchase of the house, if any, which he could be reimbursed for. Second, if community property was used to pay the mortgage payments, the community would gain a pro tanto interest, which he would be entitled to 50 percent of.

You would have to get an order from the court to exclude him from the property if and when you divorce, but those are hard to get.

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Answered on 5/20/11, 7:58 am


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