Legal Question in Real Estate Law in California

A relative of mine is legally married to her husband. She has two properties ( houses) that are under both her name,and her spouse's. The problem is that he has an arrest warrant out, and is considered a fugitive as of now. It's been about 3-4 yrs. now that he's been missing, and my aunt was told by realtors etc. that she cannot sell any of her properties or pass it down to relatives. She's really stressed out, dosen't know where her husband's at, and dosen't want to live in the current city she's at anymore,but how can she leave if she can't sell. We've exhausted all our resources,and time to try to find a solution. She was allowed to rent her most valued property,but now the realtor who rented it said that she can't anymore. That her husband must sign a paper in order for her to rent it again. How can that happened if we don't know anything about her husband? ( They have no children)Hope to hear a response soon.

Thank you for your time and consideration,


Asked on 2/24/10, 8:07 pm

1 Answer from Attorneys

The realtor is right about selling them, but she needs to get a new rental agent. She has every right to rent them out. If she wants to sell, her only real option is divorce. You have to jump through a bunch of hoops, but you can get divorced from someone you can't find. The divorce court has the power to order both properties sold and half the proceeds go to her.

Read more
Answered on 3/01/10, 8:48 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California