Tempe, AZ asked in Real Estate Law for Arizona

Q: The deed to my house has an error on it, is it still legal?

I bought the marital house from my ex-husband, on the deed it states he is an unmarried man, but he was married at the time. No one caught the mistake and the deed was recorded. Is my deed legal and binding?

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1 Lawyer Answer
Joseph Holland
Joseph Holland
  • Snowflake, AZ
  • Licensed in Arizona

A: Yes. As I understand your question, your ex-husband 'sold' his interests in the property to you ancillary to the divorce proceedings. Even though when he signed it he was still married to you, it will not be a problem for purposes of getting title insurance/clear and marketable title. If we has married to another person, that person would need to sign a disclaimer deed to clear it up, but since you are the spouse, the interests merge under the Merger Doctrine.

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