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My wife lives at her dads house, he does not want me in his house, is it a crime to be in his house if she invites me in?

Riverside, CA |

My wife lives with her dad at his house, he does not want me in his house, is it a crime to be in his house if she gives me permission to be in it with her since she is a resident in his house?

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Attorney answers 4

Best Answer
Posted

In my opinion, with the limited facts presented so please do not take this as a definitive answer, and as you know, by answering this question I am not establishing an attorney-client relationship, there is a legal answer, and a practical answer to this question.

Legally, if Dad and/or your wife does not have a restraining order, and if your wife is a valid resident and she invites you in, you have the right to enter. Practically, when Dad calls the police, you never know how they will interpret the situation, and may escort you out at best, or arrest you at worst. Also, if you make Dad angry, it just may put more stress on your wife, (including the possibility of being asked to leave), in a situation which seems to already be very stressful for your wife.

Asker

Posted

This is the best answer, because you included emotional, legal and enforcement answers in it, you answered it perfectly. Thank you for caring about my wife's feelings, no one else did:(

Posted

Technically this is not a landlord/tenant question. However, you would not be trespassing if you are invited in by a bone-fide resident (assuming she is an adult). However, the police may take a different view of the matter if called by the owner. More importantly, the question remains as to the effect of the matter upon the relationship of father-daughter and her ability to remain a resident of her father's house. There is no "correct" answer to this question since so many other factors could come into play.

Mr. Freitas is an attorney licensed in the State of California. The answer provided here is general information and not intended to be specific legal advice. There is not attorney client relationship created by Mr. Freitas' answering any question on this website.

Posted

Be careful on this one. It is his house, so academically you would be subject to arrest for trespassing there if uninvited. However, it is legally probably not trespassing. I would simply avoid going to his house, as tough as that may be.

Posted

If she is legitimately living there (and not just temporarily), she can have guests so you wouldn't be trespassing. I am assuming there are no restraining orders against you....

But if you make it awkward for her, she could get booted out as well.

If suggest patching things up the best you can before risking an arrest at a minimum or a restraining order being pursued.

I normally don't add additional specific disclaimers, but I will here.

Do NOT rely on my (or any) answer here to determine the legality of your actions. We don't know ALL the facts and something you haven't told is may well change the analysis.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.