What Happens If One Of the Owners of a Property Goes Missing?

 

Many real estate transactions get delayed each year because one of the property owners has disappeared and remained absent without explanation. The missing co-owner can sometimes be an heir, an estranged husband or wife, a relative, or an unrelated co-investor. In most cases, one party cannot transfer the title to a buyer because the co-owner's name is still on the ownership records. For a deal to be completed, the guidance of a property attorney is necessary.

The issues inherent in the handling of property owned by a missing co-owner are both numerous and challenging. As long as it is not known whether the person in question is living or dead, rights remain uncertain, and the estate is rendered virtually useless. In Dubai, property dispute lawyers may recommend bringing a "quiet title" lawsuit to remove the missing co-owner's name from the land title.

A quiet title action is a proceeding filed to establish an individual's right to ownership of real property (land and buildings affixed to the land.) If a co-owner's whereabouts are unknown, the first step is to request approval from the local court for "service by publication" with a legal consultant's help. It's a legal notice printed in the local newspaper that informs a missing property co-owner that he is being sued. In addition, his presence is required in court, or his legal rights will be determined without his presence.

The plaintiff in a quiet title lawsuit seeks a court order that prevents the respondent from making any subsequent claim to the property. This action is important as real estate may change hands often. The general rule with a quiet title action is that the plaintiff may succeed only on the strength of his claim to the property, not on the respondent's claim's weakness.

A plaintiff may have less than a fee simple (absolute ownership of the real property) or less than full ownership and carry-on action to quiet title. He will then carry the burden of proving that he owns the title to the property. You will succeed in removing the respondent's claim from the title as long as your interest is valid, and the respondent's interest is not.

However, the common problem is that the judge doesn't always completely terminate a missing co-owner's rights in the estate after just a short absence, such as a year. This is why it is important to talk to an experienced, local real estate lawyer Dubai firm to evaluate the situation. Motei & Associates offers services in relation to both local litigation and international arbitration. They have the technical expertise to provide representation in all matters of property disputes. Book an appointment today at +971 4 435 5959!