how to deal with the deed

UPDATED: Sep 30, 2022

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how to deal with the deed

I was given my house from my husband
but come to find out when he signed it
over we had all ready been divorced but
he signed over to me as to his wife and
I’m selling the house now but he my
broker needs him to sign the deed over
to me differently and he refuses what
are some of the options I have to
possibly go around him to wear I can
still sign my house

Asked on September 20, 2016 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Bring a legal action in chancery court (a division or part of county court) seeking a court order that either 1) he be required to re-sign it over to you because he has done so already, but has to correct the way it was signed over; and/or 2) that the deed be amended or corrected to reflect that fact that even if he called you his "wife" when he signed it over, he *has* signed it over. A court has the power to order people to do things so that the facts or situation accurately reflect what they have already done or promissed, or to correct legal documents for the same reason.  If you're under time pressure, this type of legal action can be brought on an "emergent" (think "urgent") basis, to get in front of a court more quickly, in a week or two instead of months. 
Bringing actions for court orders (rather than monetary compensation) is more procedurally complex, as is bringing actions on an emergent basis; you are advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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