Legal Question in Civil Rights Law in California

I am a joint tenant on the title to a house. The other tenant moved out three years ago, I pay mortgage, and property tax and all the maintainace. The other tenant moved out of the country and disappeared. I can not do anything without his signature - can not sell, can not refinance. Is there abandonment clause for real estate property in California?


Asked on 11/09/10, 1:57 pm

1 Answer from Attorneys

Joe Marman Law Office of Joseph Marman

You will have to conduct a search with an investigator to locate the prior co-tenant. If you go into court to attempt to sever that person's inrerest so you can take the property, the court will need to see your extended efforts to locate that person so as to not illegally terminate that person's interest. It will be worth the money to hire an investigator to locate that person, and perhaps they will agree to terminate their interest and quit claim their interest to you.

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Answered on 11/15/10, 10:52 am


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