If my husband's mom bought us a house because she did not want to cosign, if we divorce, do I have rights to it?

California is a community property state. That means anything acquired during the marriage, other than that acquired by gift, bequest or devise by one of the partners, is a part of the community. For real property to be a part of the community it must be put in the name of the community. If it is not in the name of the community, the community has no right to it. The only exception could be if the community was paying all the costs, payments, expenses, upkeep, and THEN the community MIGHT have a claim against the person who owns the real property for unjust enrichment. That would be a hard case to prove.

This may be a battle. The fact that your names are not on the house hurt you. The fact that you are not paying the mortgage hurts. Finally, the real estate market may not have increased since you bought the house. There may be no equity to divide. You need a lawyer.

His mother owns the house.You are essentially tenants without a lease. In the event of a divorce you have no right to the house.

If the community has been making payments on the house then the community has an interest that would be divisible upon dissolution. You should consult a family law attorney to review all of the documents and payments to determine how the property is likely to be divided.

Based in the facts provided your family are tenants in your mother on laws home. You would be required to prove that the purchase of the home was as a gift to the family - sounds like a difficult task. The community would not even he entitled to any ownership interest as your payment of the mortgage would be/could be considered rent to reside there. You are faced with a difficult situation. Again this response is based on the facts presented. Additional information and facts presented to an attorney may produce a different conclusion. A consultation would be beneficial to you.