Legal Question in Wills and Trusts in California

No but each owner has to pay his or her share of expenses such as loan payments, taxes, insurance and maintenance. Both have the right to occupy the house equally. If only one lives in the property that one should pay half of the expenses or fair rental value of the property, whichever is greater. However, you may not force the joint owner to pay more than half the costs even if he or she alone occupies the property. These issues should be worked out before buying a property jointly with someone not your spouse.

If the owner in possession prevents the other owner from occupying the property, then rent is owed under a cause of action for "ouster." If they both maintain the right of occupancy, however, then no rent is owed.

"Ouster" is the wrongful dispossession or exclusion of someone from real property. This would arise if the occupying tenant changed the locks, use threats of force to prevent the nonoccupying tenant from occupying the property, or if the occupying tenant made use of the property in a manner that prevented the non-occupying tenant to occupy the property.