Legal Question in Real Estate Law in Indiana
removing name from deed
deed recorded,two namesJtwfrs.-one of the parties abandoned the property 18 months ago,has not in any way contacted the other party nor contributed to financial obligations such as mortgage, taxes utilities etc. the remaining party has no contact info for the party who abandoned the home. what can be done to get the abandoning party's name removed from deed? they are NO LONGER-joint tennants!
2 Answers from Attorneys
Re: removing name from deed
If the abandoning party will not sign a deed, you will need to file a partition action alleging much of these facts, and requesting the court sell the property, or divide it in such a fashion that the remaining party receive all of it. There is no simple way just to get their name "removed" from the deed. Go see an attorney now, or you will be dealing with this problem for a long time...the land can not even be sold right now because of the missing party.
Re: removing name from deed
I agree with Mr. Rigdon. However, I encourage you to locate the other party, surely you have some mutual contacts and meet with the other party. A partition lawsuit is a very expensive proposition and it may be less expensive to buy him out than to
proceed through a lawsuit. Good luck.
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