divorce and the house

Here it is in a nutshell. Couple gets married in Ca. They buy a house from her mother. Mom is on the title w/ them. After 10 years couple gets divorced. She gets the house, but does not want it and moves out of the area. He has been living in the house ever since and paid all the bills and taxes. Now in order to remove their names from the title, they want money. Does he have to give them anything? Isn't there some kind of abandament law he can use?

[I AM ALWAYS LIABLE]

My response:

Not in California there isn't.

People own, or have an interest in, property all the time without living in or on the property. The value of the property, and it's division, works basically like this :

The couple jointly own 2/3 of the value. That value can be agreed upon. Then, the couple can come to whatever agreement they want for the payment to the non-tenant ex-wife, as an for her share of the "Communitity Property" interests.

As far as Mom goes, she owns 1/3 of the value of the house. However, and not being restricted to the Community Property laws of California, Mom and the Husband can come to whatever contractual terms they choose.

When all agreements have been finalized, husband / tenant then obtains new financing to pay off ex and Mom.

If financing is unobtainable, the house goes on the "auction block" as it were, is sold, and the proceeds divided pursuant to Community Property laws and by contract with Mom.

IAAL