Legal Question in Real Estate Law in California

Re: property

I don't think so. Generally, any co-owner has the right to possess the entire co-owned property, and in my offhand opinion that would include the right to have guests or even to rent that right of possession to others. Usually, this kind of right comes up in the context of property owned by two persons as tenants in common or joint tenants, but I would expect the same principles would apply to community property as well. I'd be interested to see what other LawGuru attorneys have to say.

Re: property

I should probably supplement my previous answer, having seen your first question and the answer to it.

Partition is not the remedy for property disputes between married persons. In fact, partition suits cannot be brought by spouses with respect to community property. See Code of Civil Procedure section 872.210(b). Although it is possible the parents' home isn't community property, more than 90% of the time it will be, either entirely or in part.

Re: property

Probably not. The title to the home is probably in joint tenancy or tenancy in common. Either way, each owner has the right to possess and use the whole of the property. To the extent that such possession and use by one owner amounts to an ouster of the other, the other may sue and recover damages. Even so, it seams that your father cannot kick you out if you have your mother's permission. He can of course always sue for partition and have the house sold.