Father who held legal title to marital home with his daughter was an indispensable party to daughter’s divorce proceeding, and thus, trial court had independent obligation to join father to determine what actual interest, if any, father held in that property; judgment in father’s absence stood to prejudice either him or divorcing couple, and divorce decree distributing 100% of equity in marital home prejudiced father by depriving him of his potential interest in property without an opportunity to be heard.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com