Can one owner invite a guest in the home that the other owner does not want them in?

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Can one owner invite a guest in the home that the other owner does not want them in?

My unmarried/platonic parents (78 and 87) own a condo together 50/50 where they both reside. This arrangement has worked peacefully for 4 years. My mother recently started to date someone who is 20 years her younger. My father does not want the new boyfriend in the house because he acts as if it is his home (opening all the doors/windows, changing TV channels, discussing religion for hours, etc0. It came to a confrontation the other day when the boyfriend wanted to come in saying he was invited by my mother but my father saying that he didn’t invite him and needed both owners to agree.

Asked on June 11, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your father is mistaken: any owner of property may invite any guest onto said property without the concurrence or agreement of other owners, so long as there is no contract or other agreement between them to the contrary. Your father may not exclude your mother's new boyfriend.

If this arrangment no longer works for your father, it may be time to sell the condo and go their separate ways. Your father has the right to force a sale of the condo, if he and your mother cannot work matters out (e.g. one buying the other out) even over her objections; if he wishes to explore this option, he should consult with a real estate attorney.


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