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Old 05-08-2003, 08:43 PM
notalpilav
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can't locate wife; need to sell house


Hi,

I live in Houston TX.
I am currently legally married. My wife and I bought a house 3 years ago, but after less than a year she left me for somebody else. She changed several boyfriends in the meantime although we never got legally separated or divorced. She has not lived in the house all this time.
I told her several times over the time that I intended to sell the house and she was OK with it. About a month ago I initiated the selling procedures and I found a buyer; she signed all the papers (contracts). We are supposed to be closing on the house at the end of the month but I can't get a hold of my wife any more. She has not answered my messages in a couple of weeks - we used to talk to each other before, not very often, but at least a couple times a week; last night I drove by the apartment she used to live in and it appeared to be empty (vacated). The only other contact (cell phone) appears to be disconnected also. I don't know any of her present friends, or where she works(ed) because she never told me; basically I don't know where she is or how I can contact her. Last time I spoke to her about two weeks ago when she mentioned that she was seeing somebodyelse, and that he (the boyfriend) was from Michigan. I also told her that the closing was going to be at the end of the month, and she appeared to be OK with this.
I am beginning to be worried about her not showing up at the closing, and was wondering if there is legally anything that I could to to be able to sell the house in the event I am not able to locate/communicate with her.

Thanks for your time.
  #2  
Old 05-08-2003, 08:54 PM
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Join Date: Jan 2003
Posts: 19,155
She will either need to presign the deed, etc (in recordable form, notarized), attend the closing and sign, have someone with a valid POA, sufficient for the sale of real estate, show up and sign for her, or you likely cannot close.

The only other way I know to get her off title so you can sell would be a "quiet title action". But that takes some time, and you'd likely loose this buyer. His lender will not finance him unless a deed conveying the property to him is properly executed.

I am not an attorney.
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