Good afternoon,

I'm sorry to hear of the situation. Thank you for asking for me.

That depends on how you want to think about "legal right".

First, you can not be forced out of the marital home without a court order---regardless of who's name is XXXXX XXXXX deed.

If she owned the property before you married, you will not be able to take the property from her. However, to the extent that it has increased in value through the pay down of the mortgage, or improvements made and paid for during the marriage---that equity value is considered marital property and you will be entitled to 50% of the equity on divorce.

I presume that your wife controls the living trust---and to the extent is not the girls' yet and remains marital property to the extent that any of its present value had been incured during the marriage.

If the property was bought during marriage---unless you made a gift of it to your wife---or unless she paid for it with funds she owned prior to marriage---then you own half of it as Community Property.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

DougLawTalk41101.9472667014