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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38229
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If two individuals bought a home and one of them left nine

Customer Question

If two individuals bought a home and one of them left nine years ago and has not returned, left no forwarding address or way to contact them, can the individual living in the home legally sale it?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Would the individual who left have any legal rights to the home if the indivual living there were to pass way before the sale of the house?
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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If two individuals bought a home and one of them left nine years ago and has not returned, left no forwarding address or way to contact them, can the individual living in the home legally sale it?

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No, not without a court order of partition where the judge orders the property sold at public auction to the highest bidder. The one person could only sell what they own..50%. And it might be hard to sell half a house to someone else for a decent price.

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Would the individual who left have any legal rights to the home if the indivual living there were to pass way before the sale of the house?

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It depends on how the deed reads. They could end up owning the entire property if the deed says "joint tenants". Or they could end up owning half of it if it says "tenants in common".

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thanks

Barrister