Legal Question in Real Estate Law in California
I have my Mother in law staying with my family, but she is not on the Deed of the house and I want her OUT. What are the laws for this in CA? Both my wife and I are on the deed only. How can I go about this?
4 Answers from Attorneys
You are not the only one: http://www.youtube.com/watch?v=RWVa1WMLdDM
If she never was asked to pay rent the she is a guest who can be told to leave; if she shares the house and was supposed to pay rent then she is a lodger and different rules apply.
More important than if she is a lodger, paying rent, which at most would mean you have to give her 30-days notice to leave, is the issue of your wife. As co-owners of the property, you cannot make someone leave that she permits to stay. Each of you own an undivided interest in the property, meaning that you each have the rights to control the property as if you owned it alone. So unless you and your wife agree that she must go, she can legally stay.
I agree with Mr. McCormick. The wording of the question leaves unanswered several important questions. Do YOU live at this property is one of them. Perhaps the most important question is whather your wife also wants her out. If so, then the tenant/lodger/guest issue becomes important. If not, there is no legal way you can force her out.
By the way, the owners of real property are spoken of as being "on title," not "on the deed."