Can a person who is part-owner of a home be removed from the title if they have not paid anything for the property for 10 years and can’t be found?

Asked on July 20, 2010 under Real Estate Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No.  You can not remove someone from a title without legally transferring title.  And you need them there to do that.  What you can do is to bring an action for "partition" of the property as against the other owner, where you ask the court to split the house down the middle basically. But that usually results in the court ordering the house or property sold and the proceeds split.  Then the would create an escrow account for the other owner's behalf. Sounds like you might need to speak with an attorney in your area about what your options may be.  You might just have to find the other owner and sue them for the back payments, etc., to get some leverage in transfer. Good luck.

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