Legal Question in Real Estate Law in New York

Re: Divorce - Selling home - Spouse MIA

You should definitely retain a divorce lawyer to help you with this problem. Your husband is entitled to notice that you are starting a divorce action against him. So the court will require you to prove that you have looked for him, without success - this process is a bit costly because you have to conduct what is called a "five-point" search and provide the court with the results of the search.

You may contact my office for further information or to schedule a consultation.

Lissa Luke, Esq.

This information is provided for educational purposes only. This response does not establish an attorney-client relationship with this firm. An attorney-client relationship with the Luke Law Offices will only be formed once this office has been formally retained as counsel or has recognized such a relationship through a written document.

Re: Divorce - Selling home - Spouse MIA

When you file for divorce, you will have to serve your spouse. If you cannot locate him then you will have to get permission from the court for substitute service. Once you have done that you will also need permission from the court to sell the marital home without him. You should consult with an attorney if you really have no idea where your spouse is.