Which legal document must be obtained to remove the title from a spouse that has been absent for an extended period?

To remove the title from a spouse who has been absent for an extended period, a court order is necessary. This legal document provides a formal ruling that addresses the specific situation surrounding the absent spouse, often involving their rights and interests in property. In cases of prolonged absence, a court order can declare the spouse as missing or legally absent, allowing the other spouse to act on matters such as title removal without the absent spouse's consent.

Obtaining a court order ensures a legally binding resolution, providing protection against potential future claims by the absent spouse when they return. It solidifies the process under the law and addresses any potential disputes regarding property rights.

In contrast, a marriage certificate serves to prove that a marriage exists but does not address issues related to property or title removal. A divorce decree is relevant only if the couple has legally divorced, which would typically end any joint ownership; however, if the spouse is simply absent and not divorced, a court order is still necessary. A power of attorney would allow one spouse to act on behalf of the other but requires the consent of the absent spouse, which may not be feasible in cases of extended absence.