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?
2 Answers from Attorneys
Re: Partition
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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.
Re: Partition
Your understanding is incorrect.