Napa, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: Can my mom move her bad bf in the house my brother and I stay in if the divorce with my dad isn’t finalized?

My mom and father are going through a divorce that’s not finalized. They co own the house my brother (15) and I (21) live in. I pay rent and have a rental agreement. She never asked us if we were comfortable with it and we aren’t. He does whatever he wants and is so loud all night on school nights. He talks about hunting animals on our property and has even hurt my dog. Is there anything legally I can do to get him out? My dad is not okay with him living here either and owns half the house. The bf doesn’t have an agreement and acts like this is his house and has no respect whatsoever. What can I do?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: As co-owners of the house, both your mom and dad have the right to use and occupy the property. However, your mom cannot unilaterally decide to move her boyfriend into the house without considering the rights of the other co-owner (in this case, your dad) or the interests of the other occupants of the house (you and your brother).

If your mom's boyfriend is causing problems and making you feel uncomfortable in your own home, you may want to consider talking to your mom about your concerns and asking her to address the situation. You can also talk to your dad and ask him to intervene on your behalf.

If the situation cannot be resolved through communication, you may want to consider seeking legal advice. Depending on the specific circumstances of your case, there may be legal options available to you, such as seeking a restraining order or filing a partition action to force the sale of the property.

It's important to note that legal proceedings can be time-consuming and expensive, so it may be helpful to try to resolve the situation through negotiation or mediation before pursuing legal action. Additionally, it may be helpful to document any incidents or behavior that make you feel unsafe or uncomfortable in case you need to use them as evidence in a legal proceeding.

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