Estate of Hughes v. Patton
California Court of Appeals
7 Cal. Rptr.2d 742 (1992)
George (defendant) obtained a one-third statutory interest in his late wife Kathryn's home alongside her two children, continued living there with his new wife Sylvia without paying rent, and in 1982 filed a community-property petition claiming 100 percent ownership as Kathryn's surviving spouse, a petition that was denied but after which George and Sylvia continued living in the home without paying rent to Kathryn's children (whose interests were later assigned to Kinder, plaintiff) until 1987; the trial court found no ouster occurred and ruled George's estate owed no back rent.
Whether a cotenant out of possession is only entitled to rental payments from the cotenant in possession if an ouster has occurred.