Legal Question in Real Estate Law in California

Re: father house

First, the answer is "it depends." It depends upon how they hold title.

If your father and brother hold title as Joint Tenants with right of survivorship, then upon your father's death, your brother will own the entire home, and you will have no right to remain except as a tenant or houseguest, which means you can be thrown out fairly quickly.

If, however, your father and brotehr hold title as Tenant's in Common, your father's ownership interest in the home will pass through his estate, pursuant to whatever his estate plan is (will, trust, etc...). It is possible that you could end up owning some portion of the property through inheritance, in which case, your brother probably can't kick you out. If your father is ill, you need to find out how title is held and how he intends for it to pass. If he is capable of doing so, make sure he has at least a will documenting his intentions.

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Re: father house

The owner has the right to his property. If you have a lease or rental agreement, those terms determine it.