CA Real Estate
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I am sorry for your troubles. The only theory I can come up with is filing what is called in California a Marvin claim. A Marvin claim must be filed as a separate civil action because it is not a family law matter. The statute of limitations (the period within which a plaintiff must commence the action) for a Marvin claim will depend upon which legal theories are asserted. Applicable legal theories may include breach of express or implied contract, implied partnership or joint venture, quantum meruit, unjust enrichment, constructive fraud, the imposition of constructive or resulting trust, and additional legal remedies. You bought the home when you were not married so it was intended as an implied contract or joint venture.
I could not come up with any case law or statute other than it would be unjust enrichment if he were to get more money simply by not paying the required mortgage payments. The court would be rewarding his bad conduct.
The Marvin claims can be done simultaneously.
I believe as long as you are on the mortgage you have the same obligation to ensure mortgage payments are being made. The Marvin claim is based on the fact this home was bought prior to the marriage so you just have to prove he breached the contract.
If you do not need further assistance, could you kindly accept the answer and provide a rating so that I may close it out?