Legal Question in Real Estate Law in California

First, I'd like to point out to anyone other than the person asking the question that this answer is a follow-up to an earlier question on the same topic.

Family Code section 753 says that, except for when there is a restraining order in effect, neither spouse can be excluded from the other's dwelling. Without researching how courts have interpreted this statute, I'd assume this gives the new bride the right to move in and stay.

The "community estate" is liable for a debt incurred by either spouse before or during marriage, regardless of whether one or both spouses are parties to the debt. Family Code section 910. Based on this, I'd say the new bride has the right to keep the mortgage and property taxes current, i.e. the mortgage lender cannot refuse to accept payments she tenders. She also has a limited obligation to pay them, i.e., to the extent there is community property, and indeed there may be none. However, Family Code section 911 says that the earnings of a married person during marriage, even though they are community property, are not liable for a debt incurred by the person's spouse before marriage.

As a practical matter, the new bride should use whatever resources she has to keep the property out of default and foreclosure, especially if there is significant equity in it.

Altogether, this is a perplexing situation, and I hope the missing father shows up soon to remove the cloud of suspicion and concern that all parties probably feel. At some point, it may be necessary for the son or other kin to retain a lawyer, possibly to seek some kind of court order for the protection of the estate, and I'd suggest starting talking with lawyers who specialize in elder law or elder abuse. They would know about, for example, conservatorship orders and the like. This is looking less and less like a real estate law issue.