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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111459
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wifes son came to my house, supposedly on his school break,

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My wife's son came to my house, supposedly on his school break, last March. After one week, he told my wife that he was not returning to school. He is 21 years old, has no direction about what he is going to do, and he lied to me about his plan of going back to school in the summer. He also lied to my wife about his plans. Now he even has part time jobs, to me, it means that he is settling down in my house. I am the sole owner of this house where we live, and I want him out of here. Family life was miserable when he was growing up in my house, I was so glad when he left, but now he is back. I would like to know what my rights are and what I can do about this situation. Thank you in advance. TF
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, while the house may be your separate property and in your name only, it is still considered the marital home as long as you are still married to his mother. Thus, she still has a right to say who she does or does not want in the house. If you cannot come to an agreement, I am afraid that if you try to evict him from the house in court, she could testify for him that he has her permission to be in the marital home as part of her marital rights (even though she might not have actual ownership rights based on the house not being community property).

Unfortunately, this means she could stop your suit for eviction of her son and it would mean that you would have to resolve the matter with your wife first or it could lead to divorce I am afraid to say as sadly this is what happens when you move a spouse into your separate property as she might not get ownership rights, but she has say over who can be in the home as the marital home and it is up to you and her to agree or you would have to file for divorce to remove her and her son from the marital home. Legally I am sorry to say this is your only remedy in this type of situation as unpleasant as it is for me to have to tell you that, but I cannot tell you something that would not be legally permissible under CA law.



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