Legal Question in Real Estate Law in California
Joint tenants - dispute over use of property by third party
My stepson has been living with us for five years. He just finished college and found himself a job. I intend to ask him to move out. My spouse, a joint tenant to the property, objected and indicated to me that I do not have the right to do but did not elaborate on the argument. Do I have the right? Assuming the stepson's right of use of the property originally came from our mutual consent, can I revoke unilaterally?
1 Answer from Attorneys
Re: Joint tenants - dispute over use of property by third party
This sounds like a family matter that may become, or perhaps already is, seriously disruptive.
It's almost always better to look for an amicable, negotiated solution before testing one's legal rights in threats or in court. For example, the question does not mention whether the stepson is ready and willing to move out without being ordered to do so. If his position is not known, perhaps someone should talk to the young man.
Cotenants have a legal right of non-exclusive possession of the entire property, and this would include the right of either to share the entire space with guests. This is certainly true of tenancies in common and joint tenancies, and although I could not find any case on point, it is probably true of community property as well.
It seems to me that all three of you have a lot at stake in reaching an amicable solution short of resorting to brandishing legal rights at each other.
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