估計你們這是夫婦之間溝通的問題,您拿老貓來當作您的武器..(所以老貓先把話說在前麵,老貓隻管這一次,將來你們有任何問題,不要來找老貓,老貓不想替你們任何一方"站台助選"...
建議您先讀一下這個資料 (一個寫得相當好的基本概念)
http://www.lastfaoro.com/CM/Custom/Article2.asp
這是相關法律的資料
Real Estate Ownership
Typically, ownership of real estate includes the right to sell (convey), the right to use the property as security for loans (encumber), the right to improve the land or buildings on the land, and the right to use and possess the property. Property can be owned by one or more persons. The two common ways in which two or more parties can co-own a piece of property are joint tenancy and tenancy in common. Hu*****ands and wives can also own community property.
Joint Tenancy
Although joint tenancy is a popular way for a hu*****and and wife to own property, there is no requirement that joint tenants be married or that there only be two joint tenants. Owners in joint tenancy have equal interest in the property and have a right to sell, encumber, and possess the entire property. When one joint tenant dies, the remaining joint tenants automatically take the deceased joint tenant's share of the property by right of survivorship. The surviving joint tenants are required to file a death certificate and an affidavit with the county recorder. Joint tenancy allows the surviving joint tenants to avoid probate, transfer and death taxes.
Tenants in Common
Tenants in common, like joint tenants, share the right to possess, sell, and encumber the property. Unlike joint tenants, however, tenants in common do not have a right of survivorship. Upon the death of one tenant in common, his or her ownership interest passes to his or her heirs as part of the estate.
Community Property
In California, a hu*****and and wife can hold property together as joint tenants or tenants in common, or the property may be community property. No two of these forms of ownership can exist at the same time. A hu*****and and wife also can own property separately. In general, all real property acquired during a marriage and situated in California is community property. A leasehold interest is not considered community property, nor is property owned by either spouse before marriage, or property acquired by either spouse during marriage by gift or inheritance. Subject to certain exceptions and restrictions, either spouse has the power to manage and control their community property, and each spouse can devise their one half share in the community property by will. Income and profits on separately owned property remain with the separate property.
Advantages and Disadvantages of Co-Ownership
Although there are advantages to co-owning property, there are drawbacks as well. If co-owners cannot agree on use, sale, or possession of a piece of property, they may have to go to court to resolve the matter in a partition action. In a partition action a joint tenant or tenant in common asks the court to split the property in a fair and just manner. Real property may be difficult to divide and partial interests may be difficult to sell, so a court will usually order that the property be sold and proceeds from the sale distributed to the co-owners in relation to their interests.
資料來源:http://www.weblocator.com/attorney/ca/law/c22.html#cac220600
所以原則上,因為雙方有相同的權力與義務,所以即使一方不贊成,另一方仍然有權可以決定如何使用屬於他(她)那一部份的產業,(包括要求任何朋友來居住,甚至於包括小三 :-) 原則上另外一方不能強行幹預這位客人的自由進出的權力,然而屬於自身的房間或是器物,當事人可以要求這位客人不能進入或是碰觸,（一個簡單的例子是如電視＂六人行＂之中所看到的,屬於任何個人的房間,未經主人同意其他人就算是室友也不能任意進入）當然最壞的情況是如上述所說明的,如果真正雙方不能找到一個解決的方式,最終可能需要經由法院的仲裁來決定如何分割這個財產,雙方解除這個共同擁有的合作關係.
在此同時,如果這位客人有任何行為影響到其他住戶的居住品質,另外一方可以循司法程序來解決,但是原則上不能自行執法....也就是說驅逐的動作必須經由法律程序取得判決之後,依據這個判決要求公權力介入協助執行,當事人不能強行自己驅逐客人離開,（不過良心說如果主人之中有一方堅持,真正合理的人也不會自己來找這個麻煩硬要做一個惡客）
然而有一個但書,如果這是一個出租的建物,原始的租約中或許有一個規定是共同承租人中任何一方如果要讓朋友客居,有可能需要得到租賃方的同意,否則這是一個違約的行為,這或許是一個保障當事人的方式.
