Legal Question in Real Estate Law in Florida

Partition

My X wife won't return phone calls. I do not know where she lives now. I understand I can get a divorce with a reasonable effort to contact her,newspaper ect.., but the judge cannot divide property with her missing. How can I sell the property that is in both of our names? Will an action in partition help me? Will I be able to sell and close the house with this court order even if I can never locate her?


Asked on 9/14/07, 2:37 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Partition

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can sell the property through a partition action either as part of the divorce action or as a separate case. If you combine it with the divorce, then you will save on both court costs and attorney's fees.

Scott R. Jay, Esq.

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Answered on 9/14/07, 2:47 am
David Slater David P. Slater, Esq.

Re: Partition

Your understanding is incorrect.

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Answered on 9/14/07, 6:03 am


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