Legal Question in Real Estate Law in California

I own a home in California. My wife and 16 yo daughter live there as well as a renter. We are separated and filing for divorce. I am concerned about being liable in the meantime for underage drinking at the house. Is there a way to limit my exposure?


Asked on 3/07/11, 4:21 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I'm sorry if this sounds harsh, but be a father and simply do not allow minors to drink in your home. This isn't about reducing your potential legal "exposure," this is about keeping children alive. Underage drinking is just not acceptable, and you need to be her parent and make sure that it does not happen in your home. You cannot control what children do all of the time, but certainly while she is living under your roof, then make it not happen. Regardless of whether she is a tenant or not, she is your minor child and you can tell her what to do. If she refuses, evict them both. You do not want to be responsible for one or more children being killed because of underage drinking at your home that leads to an accident. Again, sorry for the harsh tone of this response, but come on, you read the news about teenagers killed every single day as a result of drunk driving or accidental overdose. Step up and put a stop to it before it is too late. If you don't believe me, go talk to the parent of a child killed in a drunk driving accident. You've never seen pain until you've met someone whose child was taken by something as stupid as underage drinking.

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Answered on 3/08/11, 11:51 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have a somewhat more "temperate" view. I see nothing morally or legally wrong with serving moderate amounts of alcoholic beverages to your own children in an appropriate context and quantity. A seventeen-year-old should, for example, be allowed to have a small glass of wine at dinner with the family, rather than being led to believe that this is a forbidden potion that can only be consumed by those who have reached 21. Letting some of the mystery and forbidden fruit atmosphere be removed from alcohol in a family setting probably relieves the temptation to sneak it, under uncontrolled conditions. Based on my own experiences as a teen, 50+ years ago, I'm glad my parents made having an occasional drink at home part of the experience of approaching adulthood sensibly. Recognize, however, that there is no right to serve booze to other people's kids, and no right to operate a party house.

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Answered on 3/13/11, 8:53 pm


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