Legal Question in Wills and Trusts in California

Your dad's ex definitely did not forfeit her rights in the property by moving out. You don't forfeit your community property simply because you leave a marriage. Presumably your dad got a divorce right? If not your dad committed the crime of bigamy by getting remarried and his second marriage is completely void. But that's a whole other problem. Assuming he did things properly and got a divorce the division of ownership in the house should've been dealt with in the divorce. If not, the divorce case will need to be partially reopened and the property allocation of that house will have to be dealt with in the divorce court. It is likely your father will have to buy out his ex-wife In order to get clear title to the house.

As Mr. McCormick states, your father's former wife did not forfeit anything by moving out.

There may have been a Marital Settlement Agreement (and "MSA") between your father and his former wife that said the property should be transferred to your father. You may also want to double check the county recorder's records for the property, just to make sure there is no later deed for that property in accordance with that sort of Agreement.

If there is an MSA but no signed deed, or not even an MSA, then this is a complicated situation. Your father will likely need to hire a lawyer to handle this problem with his former wife, so that your father ends up with clear title to the property. As complicated as this might be now, it could easily become a nightmare if your father passes away without resolving this problem, and you could lose a substantial part of your inheritance.

Kindly have your father contact my office at his convenience if he believes that I can be of service.

I agree your father needs a lawyer to straighten it out, especially if the house ownership isn't addressed in the divorce papers. Even while that process (if required) is going on, he can still create a will or trust to leave you his interest in the house in the meantime.