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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33717
Experience:  Attorney for over 15 years, landlord 26 years
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My son and I have a home, my son had s daughter in law move

Customer Question

My son and I have a home, my son had his daughter in law move into the house without telling me, there was no rental agreement I don't even know if she pays rent. Can I evict her from the house? I would like to move into the home myself.
Thank you
Fernando
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state this is in?

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Who is on the deed to the home?

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thanks

Barrister

Customer: replied 1 year ago.
California, myself, my Son and his wife
Customer: replied 1 year ago.
Fernando Cabrales
Expert:  barristerinky replied 1 year ago.

Ok, unfortunately, if son is on the deed, then as a legal owner of the property, he can allow others to live there with him. One owner can't prevent another owner from allowing guests to live in the property.

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However, there is nothing that would prevent you from also moving in as you have an equal right to use and possession of the property along with son and his wife.

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You would only be able to evict the daughter in law if son and his wife also agreed that they wanted to evict her.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
this is very sad news. Even if they don't have a rental agreement and she doesn't pay rent and that's my house too?
Customer: replied 1 year ago.
I need a place to live, this is why I wanted my house back, well I guess I will just have to move in the house too. My Son and his wife don't live there just there daughter in law and 2 kids.
Customer: replied 1 year ago.
Thank you so much.
Fernando
Expert:  barristerinky replied 1 year ago.

Sorry for the delay, it got late and I had to log off for my regular job in the morning..

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And yes, any owner can allow others to live there as their guests without any rent or written agreement. That is why it is sometimes a bad idea to own property with other people. They can abuse their ownership rights and make things difficult on the other owners.

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You are very welcome, even if the news wasn't great..

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thanks

Barrister