Legal Question in Real Estate Law in California

Divorced over 2 years and unable to locate ex. Need to sell Mexico (Baja CA) land which loan is solely in my name and have been making monthly payments, but title is in both of ours. Judgment made me responsible to sell but real estate agents refuse to sale without her. What are my options?


Asked on 2/22/10, 11:45 pm

2 Answers from Attorneys

Hire a PI to find her. We California lawyers can't advise you as to whether there is some way under mexican law to sell property with two owners when only one is available.

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Answered on 2/28/10, 12:17 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Based on the facts given, we don't even know if your interest is in realty, i.e. land in Mexico shown on the public records there as owned by you, or whether your interest is personal property, i.e., a not-yet-paid-up contract with a U.S. or Mexican real-estate development business that will convey some right in Mexican realty to you when you make your last payment. Therefore, we can't advise which of four legal paths to follow: contract U.S., contract Mexico, quiet-title U.S. (unlikely), or quiet-title under Mexican law.

I can almost guarantee you that this lady can be found, and I'll repeat my earlier offer to try to locate her at no charge, no obligation; I just need you to give me some basic identifying facts including all names used, part of the SSN, date of birth (a guess will do), and the state or states where she might be living based on where she grew up, has friends, last was known to live in, and so forth. Contact me directly by e-mail if interested. No obligation, I don't even want to handle the case if there is one.

Also, I certainly can't say whether, once found, she will cooperate in letting you sell the property or the property-purchase contract, whichever it is.

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Answered on 2/28/10, 8:08 pm


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