Have you discussed this with your wife? California is a community property state. Was the property purchased while you were married? Are you planning on giving your wife half the rents? Consult a good tax lawer AND a real estate lawyer and a divorse lawyer before you make a move. If you already have a lease signed by the tenants you could be in breach of contract with them if you are unable to perform on the lease. Sounds like you had better be real nice to your wife.

Don,
I'm thinking that yours is more of a legal question than a real estate question. I believe you will find most Realtors, myself included, will go out of their way to avoid ansewring questions regarding legal (or even tax related) matters. We best serve you, the public, by staying within our wealth of knowledge and experience, Real Estate.

I am led to wonder if there is a website that offers 'legal' questions/answers and advice, such as Trulia does for Real Estate?

Good Luck

Mark