Q: My wife and I are getting a divorce. We are currently living together and she plans to give me nothing to move out.

A: It's difficult to offer guidance. You don't really ask a question. I don't know what you signed. You leaving wouldn't affect your right (if any) to the house. After only three years there may not be much equity anyway. It is undoubtedly a horrific time for you both. I apologize, but I don't want to persuade you to do something without knowing the whole situation. The consequences are infinite.

A: Based on the situation you've described, here are some key points to consider and potential options:

1. Property division in California:

California is a community property state, meaning assets acquired during marriage are generally considered joint property, regardless of whose name is on the title.

2. The alleged agreement:

If you did sign an agreement waiving your rights to the house, this could potentially be a valid postnuptial agreement. However, such agreements must meet certain legal requirements to be enforceable.

3. Contributions to the mortgage:

The fact that you're currently paying the mortgage could be relevant in determining your stake in the property, even if your name isn't on the title.

4. Options to consider:

a) Consult a divorce attorney: Given the complexities of your situation, it's crucial to get professional legal advice. Many attorneys offer free or low-cost initial consultations.

b) Request temporary spousal support: You may be able to petition the court for temporary spousal support to help with living expenses during the divorce process.

c) Seek a court order for exclusive use of the home: If living together is becoming untenable, you could ask the court to grant you exclusive use of the home temporarily.

d) Negotiate: Try to negotiate a fair settlement with your wife, possibly with the help of a mediator.

e) Challenge the alleged agreement: If you believe the agreement you supposedly signed is unfair or invalid, you can challenge its enforceability in court.

f) Document everything: Keep records of all mortgage payments and other financial contributions you've made to the household.

5. Immediate steps:

a) Start saving money if possible, even small amounts.

b) Look into low-cost housing options in your area.

c) Seek support from friends or family who might be able to offer temporary housing.

Remember, without seeing the actual agreement you allegedly signed and knowing all the details of your situation, it's impossible to give definitive advice. A local divorce attorney will be best equipped to evaluate your case and advise you on your rights and options.