Missing person on title

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Missing person on title

I am interested in buying a SFR home where the title has both husband/wife joint tenants in CA. Wife is only loan. Husband is no where to be found. Can wife sell house to me without husband?

Asked on June 6, 2009 under Real Estate Law, California

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the house is owner by tenants by the entirety, which is as a married couplke you cannot buy the house under any condition without the Husband's signature. If they are tenants in common, meaning each 1/2 owners you can buy the house but you will only be buying one-half of the hosue and will have to find the otehr owner on your own. In order to get the entire house, the wife would have to file a proceeding to have the house deemd 100% hers. This would require either a divorce proceeding or some other civil proceeding in the state they reside. I would persoanlly stay away from this house as it could be a real mess.  


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