Q: Several decades ago, I bought a condo with a significant other. A few years later, we broke up, and he moved out. I kept paying the mortgage and have not seen or heard from him in over 20 years. I want to sell the condo to move closer to relatives, but his name is still on the deed. What can I do? — Fran
A: The principles of modern property law have evolved from their roots over 900 years ago in feudal Europe.
After the conquest of England in 1066, King William “the Conqueror” became the owner of all land. When he granted estates to his vassals, he retained the right to get the property back under certain circumstances, such as when the owner died without known heirs.
All land passed from the owner to their heirs at the moment of death, and there could never be a gap in ownership.
If no heir could be found, the property was returned to the government. This is called “escheat” and is still in effect today.
Simplified, it means that someone always owns real estate, and if it cannot be determined who does, the property goes to the state.
In your situation, you will need to find your ex or his heirs if he passed away.
It’s tricky to track down someone you have not heard from in decades. There are tools and services that can find almost anyone.
Once he, or his heirs, are identified, you will need to get them to sign over the property to you or your buyer. Most likely, they will want to be paid for this, and the amount can often be negotiated.
If you cannot find him or his heirs, or if you do, but they are not reasonable about the decades you paid all the condo expenses, you will need to sue.
The court can have the property sold and split the proceeds fairly between you and your ex or his heirs or have their share held to be escheated to the state if no one comes forward to claim them within a specified time.
