Can my parents force my husband to leave the house that they own?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my parents force my husband to leave the house that they own?

Due to the fact that my husband’s business tanked and we could no longer pay rent for our previous apartment, so 5 months ago my husband and I moved into a house on property that my parents own. Since then, my husband’s income has slipped even more and I am now paying for about 90% of our shared bills. He has become nasty over my suggestion to get a job and has increased his emotional and verbal abuse to a level where I no longer feel comfortable sharing space with him. It’s not been anything physical, just very intense and deeply hurtful yelling at me and accusing me of not meaning and living up to my wedding vows. He asked if I wanted him to move out, and I said I think that would be wise for the time being so we can have some space to think things through. New Link Destination
make a very long story short, he buys and sells items on eBay so he has a shipping container on the property that houses his inventory. I suggested he stay with his mother 45 minutes away and that he can come back to the property on for the 1 day per week that he does shipping. I am not denying him the right to access his inventory, and thus not denying him his source of income. After thinking over this for about 10 minutes, he came storming back into the room and demanded that I be the one who leave because my job is remote. While this is true, I am absolutely not giving him unsupervised access of my parents’ home. Things got even nastier, and I told him he needs to leave immediately. He got in my face, smirked, and told me,

Asked on January 27, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you and your husband are not paying rent, you are guests of the property owners--i.e. your parents--not tenants. A home owner has the right to ask *any* guest to leave at any time--guests have no right to live in the home. While you, as the spouse, cannot require him to leave the marital home (where you live as a married couple), that limitation does not apply to your parents: they can require him to leave. If he doesn't leave, they can bring a legal action, commonly called an action "for ejectment" (though your state may have a different name for it) to remove him. This action can be fairly technical and difficult for non-lawyers, and you may have to first send him an official written notice to leave: if you parents want to go down this route, they are strongly advised to retain an attorney to help. (A landlord-tenant attorney would be a good choice; most such know how to bring this type  of action, too.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption