Legal Question in Wills and Trusts in California

What do you mean "i am secondary on the deed?" Loans can be secondary to first deeds of trust but there is no secondary ownership; either you own the property with him or you have no ownership interest. If you are joint owners, you can ask him to go to formal mediation [American Arbitration Association, local bar association, JAMS, private attorneys] to try to resolve who gets what and what the other's compensation is, but if he does not agree then you basically have to sell it and split the proceeds based upon each side being reimbursed for what they paid out of pocket and any remaining amount split on the dame ratio as what each paid for the house, 50%-50%, etc.

This is beyond a probate question because you have some potential family law issues if he is the father of the children. You also may "want" the house but can you afford it without him has to be another consideration. If you are a stay at home Mom, the income stream issue is harsh but key to the answers you seek. Good for you for seeing you need to leave this negative situation and the road ahead may not be easy but your children have to be your priority.

Mr. Shers states it succinctly when he points out, either you own it or you don't. If you are on the deed, you are an owner and the question becomes 'of what'. The likely result is a sale with a split of the proceeds. If he is a flaming alcoholic you will face the mood swings and volatility that goes with that so it would be a good idea to have an attorney to help you, to create a layer of protection for you. She or he can help close out this business arrangement.