How Can We Sell Property if We Can't Locate a Co-Owner?
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Answer:
When property is owned as joint owners with right of survivorship rather than tenants in common, all owners are required to sign a deed to transfer the property. It may be possible to bring a partition action. An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half. The amounts claimed for past rent may be settled as part of the partition action.
It may be possible to get alternative or substituted service, such as service by publication. If you are unable to locate a defendant and can show to the court that you have made reasonably diligent attempts to do so, you can ask the court’s permission to serve the lawsuit by ‘publication’ as a last resort in some states. Service by publication involves running a notice of the lawsuit in the local newspaper for a specified period of time. After the final notice has been published, the defendant will be deemed served, despite not having actual notice. Service by publication will only be granted if you can show that the defendant’s address cannot be found. Locating the defendant, their place of employment, and/or location of their assets will still be needed to collect on a judgment. I suggest calling the clerk of courts, as rules for substitute service vary by court.
