Legal Question in Real Estate Law in California
My husband and I have filed for divorce but are still living in the family home that we own jointly. Does my husband have the legal right to have my guest removed from our home just because he doesn't want him in the house. The guest is perfectly well behaved and not causing any trouble. The police seem to be unclear on this matter.
Thank you.
2 Answers from Attorneys
I would say that neither co-owner of real property has a legal right to exclude the guests of the other co-owner. A court could perhaps make an exclusionary order, but only after a showing of good cause.
Mr. Whipple, who has a great knowledge of the law, provides what seems to be a correct answer. Both joint owners have the same rights so as long as your actions do not unreasonably prevent your husband from his usage of the house you should be able to do as you want. This is a civil matter and the police have no jurisdiction over it.
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