how to deal with the deed

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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