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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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