Legal Question in Family Law in Texas

Declare Dead

I am approaching the seven year period when my wife went missing. We have two children and property I wish to sell. Three years ago, living in Delaware I filed and was granted a devorce. Can I declare my ex-spouse deceased or have her declared deceased for the children and property settlement? Also, do I need to do this to sell the property? The property involves a business and two houses.

Thank you


Asked on 4/07/06, 8:02 am

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Declare Dead

If I presume that your divorce was obtained with proper notice by publication to your X and that all property of the marriage was granted to you, then the divorce documents could probably be the basis for any property transfers. A title company might want some kind of supporting affidavit.

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Answered on 4/07/06, 9:24 am


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