Husband cut out separated wife from will

What is the name of your state? California
I would like to know if my husband whom I have been separated from for 5 1/2 years can legally will property away to all of his children and leave out my community property share? Also as of yet he has not paid all of the escrow fees so the property is still in the previous owner's name. My husband still has aprox. $17,000 owed on it. He does not want to give me anything and we have been married 25 years... can he will my share away?

Have you seen the will? Is your husband now living or deceased?

Whose name is on the title/deed to the property?

Would you be able to get a copy of the paper that you signed by looking at your legal separation papers at the courthouse (if it was in fact a legal separation)?

We don't know whether you gave away/signed away your rights or not with the document you signed.

As a surviving spouse, when he dies you have automatic rights to inherit a portion of his estate, no matter what the will says, so whenever he dies, you need to get your own attorney to fight for your share of his estate. Let's hope that he will have the escrow fees paid off by then or that at least his estate will be able to afford to pay them off so you can get your share of the property also.

Don't let your husband know that you know you have rights to inherit as a spouse--let that be a surprise to happen during probate!!

"I would like to know if my husband whom I have been separated from for 5 1/2 years can legally will property away to all of his children and leave out my community property share?"

No, but since you have been separated, the community property division may not be what you expect. In general, stuff acquired during a separation -- including real property -- is NOT community property. If you reconcile, then the stuff acquired during separation may over time transmute into community property -- but if you do not reconcile -- either you divorce or one of you dies before ending the separation -- the seperate property acquired during the separation does NOT transmute into community property, and he could will his separate property away as he desires.

Determining whether stuff is community or separate property when there has been a separation is pretty complicated. In any event, he can do whatever he wants in a will, but during probate of the will you would get your share of the community property. As Dandy Don said, you will need an attorney to figure out what your "share" is.

Rather than ask a bunch of non-relevant questions, lets answer YOUR question:

"I would like to know if my husband whom I have been separated from for 5 1/2 years can legally will property away to all of his children and leave out my community property share?"
*** No. As long as you are still married at the time of his death (separated or not) you will still take ownership of your share of the community property. Any distribution by his will would ONLY apply to HIS estate (the property owned by him).

"Also as of yet he has not paid all of the escrow fees so the property is still in the previous owner's name."
*** Depending on the specific terms of the escrow and purchase, if he were to die before the property ownership is legally transferred, this could become a HUGE problem.

"He does not want to give me anything and we have been married 25 years... can he will my share away?"
*** See above.

As for the accumulation of assets by either of you pending divorce, they will still remain marital assets unless you have filed for a LEGAL separation.

I also suggest you take a look at the information on the following sites:
http://www.cadivorceonline.com/calpages/MaritalProperty/prop and debt div.asp
http://www.aaml.org/Manual.htm
http://www.calbar.ca.gov/calbar/pdfs/sections/famlaw/family-law-section_options-for-divorce-pamphlet.pdf
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Divorce___Custody.gif&sCategoryPath=/Home/Public Services/Consumer Information/Pamphlets&sHeading=Divorce & Custody&sFileType=HTML&sCatHtmlPath=html/Home_Public-Services_Consumer-Information_Pamphlets_Divorce.html