Legal Question in Real Estate Law in California

Re: My rights

You present confusing facts! When and why did your mother move out? Why do you say she is half owner of the house? If she owned it as comunity property with your father then she owns 100%. Was there a Will from your father leaving any portion to anyone but your mother?

Obviously no one can force the owner of a building to leave or remove ther items from the building. You have to determine what degree of onwership she has of the house and on wat basis they claim the right to intefer.

Re: My rights

As Mr. Shers points out, the answer to your question is "Maybe, maybe not." Ownership of a house after someone dies is a mixed question of law and fact. The analysis starts with how title was held before the person's death, and proceeds with whether and how the person directed the disposition of his or her part or complete ownership by will or trust, or, on the other hand, the property passed by law (technically, by "the rules of intestate succession").

So, it could be that your step-siblings have a valid claim to at least partial ownership. If they have at least a partial ownership, they have the right of co-possession with every other part owner, e.g., your mom. Part owners do not have the right to kick out other part owners. They are sort of involuntary roommates unless they have contracted to give one co-owner an exclusive right of possession.