Mistake on deed, wrong marital status. What can I do about it now

Member since 2019 · 2 posts · 0 votes

Recently bought a home. Since my husband had such bad credit, I only have myself on the application. They selected single on my title deed, and I did not correct it. I know I should have but I just wanted the whole thing over with. Now I am extremely worried about fraud. How can I fix this?

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Tom GimerBusiness Member

DMV · Member since 2017 · 3k+ posts · 3k+ votes

In the jurisdictions we cover, we could obtain a certified copy of the deed and re-record it with the marital status corrected — “This Deed is being re-recorded to correct marital status.”

If there was a security instrument that required a spouse’s signature to perfect it, that could be remedied in a similar manner but also adding a notary acknowledgment.

Note: always provide the property location in order to receive accurate local feedback.

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Bernie NeyerPro Member
Investor · Chanute, KS · Member since 2016 · 155 posts · 60 votes
6y
If he's really your husband, and not just someone you're living with, then I'm confused. Usually a poor FICO score of one person in a marriage drags down the other person in the marriage, since when they are married one party can commit the other to a contract , even if the latter is unaware of the former's actions. Makes me wonder how bad his FICO score really was.
I've actually known women who got their wages garnished when their husband got sued and the wife knew nothing about what the husband had purchased. It resulted in their getting a legal separation to protect her assets and eventually ended in their divorce.
You may be able to get out of this by using a Quit Claim deed and stating your husband has equitable interest in the property. You could approach a title company, tell them you got married and you'd like your husband's name on the title. See what they say.
You'll have to go to the bank with the same story. They might not object to your putting his name on the title and have him sign the mortgage agreement too.
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Tom GimerBusiness Member
DMV · Member since 2017 · 3k+ posts · 3k+ votes
6y
In the jurisdictions we cover, we could obtain a certified copy of the deed and re-record it with the marital status corrected — “This Deed is being re-recorded to correct marital status.”
If there was a security instrument that required a spouse’s signature to perfect it, that could be remedied in a similar manner but also adding a notary acknowledgment.
Note: always provide the property location in order to receive accurate local feedback.
Gimer Law516 Reviews
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Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
6y
If it was me
i would do nothing
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Laurie Carpenito
Real Estate Broker · Wilmington, NC · Member since 2019 · 18 posts · 4 votes
6y
Not sure which state you are in but in most states you can be the sole person on the loan but both names go on the deed. At least it’s like that in NC. I would call your title company and ask them how to have it corrected.
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Sam Vidana
Member since 2023 · 3 posts · 0 votes
3y
Quote from @Tom Gimer:

In the jurisdictions we cover, we could obtain a certified copy of the deed and re-record it with the marital status corrected — “This Deed is being re-recorded to correct marital status.”
If there was a security instrument that required a spouse’s signature to perfect it, that could be remedied in a similar manner but also adding a notary acknowledgment.
Note: always provide the property location in order to receive accurate local feedback.

Do the title company/deed record office check marriage date here while doing correction on deed, since marriage was happened before the initial deed record , would that be any issue?

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Sam Vidana
Member since 2023 · 3 posts · 0 votes
3y
Quote from @Laurie Carpenito:

Not sure which state you are in but in most states you can be the sole person on the loan but both names go on the deed. At least it’s like that in NC. I would call your title company and ask them how to have it corrected.

In community property state , if we buy a home with wrong marital status, would that be considered illegal ?
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Tom GimerBusiness Member
DMV · Member since 2017 · 3k+ posts · 3k+ votes
3y
It's not illegal to record a deed with the wrong marital status... but if the facts turn out to be different than stated in the deed, that can certainly affect title.
Let's say H&W take title as tenants by the entireties but they were not actually married at the time they took title. All judgments against them individually would attach because they are tenants in common rather than TbyE. Simplified of course but that's the general scenario.
But judgment creditors would need to research all of this and enforce their liens or over time poof, those liens are gone.
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Sam Vidana
Member since 2023 · 3 posts · 0 votes
3y
Quote from @Tom Gimer:

It's not illegal to record a deed with the wrong marital status... but if the facts turn out to be different than stated in the deed, that can certainly affect title.
Let's say H&W take title as tenants by the entireties but they were not actually married at the time they took title. All judgments against them individually would attach because they are tenants in common rather than TbyE. Simplified of course but that's the general scenario.
But judgment creditors would need to research all of this and enforce their liens or over time poof, those liens are gone.

Thanks. What information is needed to correct the deed with new martial status . Do they need proof for marriage and on what date the marriage was performed apart from quitclaim need form?

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Tom GimerBusiness Member
DMV · Member since 2017 · 3k+ posts · 3k+ votes
3y
Quote from @Sam Vidana:

Quote from @Tom Gimer:

It's not illegal to record a deed with the wrong marital status... but if the facts turn out to be different than stated in the deed, that can certainly affect title.
Let's say H&W take title as tenants by the entireties but they were not actually married at the time they took title. All judgments against them individually would attach because they are tenants in common rather than TbyE. Simplified of course but that's the general scenario.
But judgment creditors would need to research all of this and enforce their liens or over time poof, those liens are gone.

Thanks. What information is needed to correct the deed with new martial status . Do they need proof for marriage and on what date the marriage was performed apart from quitclaim need form?

If there was a reason to re-record a deed it would be recited on its face. Clerks are generally not confirming anything stated in a deed, they are simply handling the recording function. Things recited in a deed may need to be challenged and litigated later.
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