Q: Hello, and thank you for your time. What is the law on paying the mortgage on community property once I've moved out?

A: In California, both spouses are equally responsible for community debts, including mortgages on community property, even after separation. However, the specific circumstances of your case may affect your obligations and rights. Here are some general points to consider:

1. Duty to pay: If you are both on the mortgage, you are both legally obligated to continue paying, even if one spouse moves out. Failure to pay could result in foreclosure and damage to both spouses' credit scores.

2. Reimbursement: If one spouse pays more than their share of the mortgage, they may be entitled to reimbursement from the other spouse as part of the property division during divorce proceedings.

3. Temporary orders: During divorce proceedings, either spouse can request a temporary order from the court that addresses payment of debts, including the mortgage, until the divorce is finalized.

4. Property division: In a divorce, community property, including the family home, is typically divided equally between the spouses. If one spouse has been solely paying the mortgage, this may be taken into account during property division.

5. Selling the home: If the home is sold as part of the divorce, the proceeds will be divided between the spouses after paying off the mortgage and any other outstanding debts.

It is essential to consult with a family law attorney who can provide guidance based on your specific situation. They can advise you on your rights and obligations, help you negotiate a fair agreement with your spouse, or represent you in court if necessary.