Legal Question in Family Law in California

Your wife's impressions of what she may be entitled to from a short marriage is not in keeping with reality. The most that she would be entitled to would be a share of any property acquired during the course of the marriage with community money. There's a possibility she has a community claim in the house. More information is needed. Please meet with an experienced family law attorney to explore your legal options.

Ms. Kock is correct, but doesn't answer your direct question. If it is your house, down payment made before marriage and only two years of community funds payments on the mortgage, any court will almost certainly award you occupancy of the house pending the divorce, unless there are children and the wife gets custody. So if there are no children, she's the one who will have to move out, and if she refuses, you should file for divorce and at the same time apply ex parte for an order for exclusive occupancy of the family home.