quit claim on property

[torimac]

What is the name of your state (only U.S. law)? CA
My husband's (yes, I recently remarried) mother passed away last fall. She had separated from her husband over a decade ago. He then moved to El Salvador and little has been heard from him since. DH's mom owned a house in California with her husband. It has been sitting empty because no one is sure what to do. There was no will. The family would like to sell it, but they cannot find the father to ask him anything. How do they go about asking for a 'quit claim' so the house can be sold?

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
My husband's (yes, I recently remarried) mother passed away last fall. She had separated from her husband over a decade ago. He then moved to El Salvador and little has been heard from him since. DH's mom owned a house in California with her husband. It has been sitting empty because no one is sure what to do. There was no will. The family would like to sell it, but they cannot find the father to ask him anything. How do they go about asking for a 'quit claim' so the house can be sold?

They're obviously not going to be able to get the father to sign a quit claim unless they can locate him. That should be their first priority.

It is possible that they could get a court order allowing the sale of the home. It would be easier if the parents had legally separated and the home was addressed in their separation papers. If that's not the case, they have a mess on their hands. A court MIGHT issue an order allowing them to sell, but only if they can prove a diligent effort to find the husband. Even then, the court could order that 1/2 of the proceeds be put into a trust for the husband and a diligent effort be made to locate him.

 

[nextwife]

They should talk to an attorney about the estate filing a quiet title action to ask that his interest be extinguished.