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Straight Talk Legal Advice. Learn Your Options.
Serving Knoxville Since 1994
Flexible Appointments Upon Request
Discounts For Military Members
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A quiet-title action helps you sell a home without your spouse

On Behalf of | Jun 22, 2018 | property division | 0 comments

If you own a home with your spouse but he or she “disappears” following problems in a relationship, you may find it’s difficult to sell your home. The problem is that you’ll need his or her permission if you co-own the property, which is nearly impossible to get if you don’t know where he or she is.

One good thing is that you can resolve this through the courts. Using a quiet-title action, you can get past the block and move forward to sell the property. A quiet-title action is fairly common, especially in situations where co-purchasers go missing.

A judge will set a date for your spouse or ex-spouse to appear in court. At that time, he or she must show up. If he or she does not, then the judge will allow the property to be sold. Be forewarned that any amount the spouse was entitled to in a divorce or property division agreement will be held in a special account, so you won’t get to keep it. However, if you can show that you’ve paid for raising your children, for instance, but have received no support, the judge might take a portion of the sale and grant it to you for that payment.

This is just one way to resolve the trouble you currently find yourself in. There may be other options to sell the home or to rent it out, so you can begin to make a profit on the property. It’s wise to educate yourself on the different possibilities, so you can increase your net worth with your choice.