Legal Question in Real Estate Law in California

partition action possible when a spouse is missing?

Is it possible to force partition of real estate between husband and wife when one of them goes missing? Assume divorce is not possible due to state residency requirements.


Asked on 2/18/09, 12:58 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: partition action possible when a spouse is missing?

Possible? Yes. Follow all the rules and procedures for filing, service, pleadings, evidence, proof, etc. Hire an attorney if you don't know how to do it. If the action is in SoCAL, and you're serious about getting legal help, feel free to contact me.

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Answered on 2/18/09, 12:47 pm
Robert Mccoy Law Office Of Robert McCoy

Re: partition action possible when a spouse is missing?

Yes, you can do a partition action without having to file for divorce.

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Answered on 2/18/09, 3:26 pm


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