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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
I think you should think long and hard about this.There are too many ways you could loose your share of the house.Long term you need to file for divorce and seek a sale of the property.Deeding over the house to him is extremely risky for the reasons you set out.
You have better options here filing for divorce and seeking to force a sale and split any proceeds from the sale as community property.You are smart to be concerned and should consider your own lawyer to file for divorce and resolve the permanently and fairly.Deeding over your share here does not adequately protect you as a divorce and sale would.
I appreciate the chance to help you tonight.Please let me knwo if you have more.Thanks again.
State bar has lawyer referral for you here
call the State Bar of California at(866)(###) ###-####/a>
California is a community property state. This means that a marriage or the registration of a domestic partnership makes 2 people 1 legal “community.” So property that the couple acquires during marriage/partnership is “community property.” And debt that the couple acquires during the marriage/partnership also belongs to the “community debt.”
Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance.
Community property also includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings. You can usually tell if property belongs to the community by looking at the source of the money that was used to buy it. If the purchase money was earned during the marriage, the property belongs to the community.
Here the house is community and can be ordered sold.There is no need to refinance if the house is to be sold here.Better for you to try and resolve it as part of divorce.
I am so sorry that you are having to deal with all of this.I wish you the best here.
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