Wellington, KS asked in Real Estate Law for California

Q: Inherited home with sibling. Sibling is no where to be found for 5 years how can I get home in my name

Have paid property taxes insurance and renovation bills. Sibling promised to pay half and then dissappeared 5 years ago have no contact info or any ideals where he is. Have all tax bills and expense records how can I get his name off of the home

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: You can file a partition action. You will have to make serious efforts to find him to serve the court papers. If you still can not find him, you can ask the court for permission to publish the summons. After that is done, assuming he does not respond, you can move for a default judgment. However, at that point the property will have to be sold, or you will each just own half. The court can allow for the extra expenses you took care of.

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