How can I get a deed reformed?
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How can I get a deed reformed?
My wife and I were not married when we bought the house but we were when we sold it 10 years ago. The person we sold it to has gone into foreclosure. My wife and I were named in the lawsuit because the deed did not state that we were married. Lawsuits states that we “have no interest but my claim a record interest in the real estate which is the subject of this action as a prior titleholders thereof.” and deed “fails to properly disclose the marital status of grantors”. We need to “have the prior deed reformed so as to disclose the marital status”.
Asked on May 8, 2012 under Real Estate Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The best way to resolve the issue in the lawsuit that you are writing about is to cross complain against the seller of the property to you asking for injunctive relief requesting that the seller be ordered by the court court via a "nunc pro tunc" decision to sign a deed to you and your wife as a "married couple". A cross complaint against the plaintiff is also in order for a declaration of your interest in the property by the court.
In your answer to the complaint attach a copy of the marriage license as an exhibit to the it as well. Given the complexity of the matter I suggest that you consult with a real estate attorney further about this matter for assistance.
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