Can I remove a guest from my house if am not the homeowner?

Question Details:

My wife bought a home before we were married and her father horned his way into living with us. as the husband do I, in the state of CA, have any right to remove him from the property without her permission?

Asked 11/27/2009 under Real Estate | 214 View(s) | More Legal Topics

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Real Estate Law Answers

Timothy McCormick / Libris Solutions Answered 2 years ago | Contributor This attorney is licensed in California

I agree with BB and would just add that even if the house was community property, you would still not have a right to kick him out, because each owner has the right to use and posession of the property.

I doubt it.  You don't own the property, and the person who does own the property gave him permission to be there.  The days when the law gave a man power over his wife's property, just by the fact of the marriage, are long gone.

The only real leverage you have, is to tell your wife that if he doesn't leave, you will.  But you need to be prepared to do just that, first, and I'd suggest a talk with a divorce lawyer, who can tell you what to expect, and whether there is any planning you should consider doing before having this confrontation.

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