Legal Question in Real Estate Law in California

Re: Removal of estranged spouse on title

Your mother will need to see a divorce attorney. She cannot simply remove her husband's name from the deed with filing an appropriate legal action.

Re: Removeal of estranged spouce on title

A dissolution action would divide community property. The petition may be served by publication if he can't be found. Call me directly at 16192223504.

Re: Removeal of estranged spouce on title

Not unless he deeds it over to your mother. You say she has been the only one paying, etc., but she has been the only one living there, right? And, as the only one living there, it is only fair that she be the one paying for the house. If I were to ask you whose name is on the loan, it is likely that you would reply that your father's name is on the loan and it is likely that your mother would never have been able to get a loan on her own, so without your father's contribution, there would have been no house. The fact that she is the only one paying makes no difference in terms of ownership.