Legal Question in Real Estate Law in Florida
My mother in law lives in the state of FL. She is now divorced, her husband left their family 4 years ago. Literally just left one day, they only even know he is still alive if they look up arrest reports across the country and find him occasionally. She was able to divorce him last year even though she couldn't find him but their home is in both of their names. Can she legally sell the house or is she stuck with it forever?
3 Answers from Attorneys
I'd suggest that you find him and do either of the following:
1) Present him with a quitclaim deed for the property for him to sign (best choice);
If he doesn't sign the deed,
2) Send a demand letter asserting sole ownership of the property, wait 7 years, and sue; or
3) Sue for a court order to sell the property.
Best of luck
She could also go back to court and ask the court to award her the house as part of the marital settlement. But she really needs to ask a divorce attorney.
He is still an owner. At this point she would need is consent to sell.
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