North Las Vegas, NV asked in Divorce, Land Use & Zoning and Real Estate Law for Nevada

Q: My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, what can she do?

My mom and dad are divorced but still own land together in AZ. He is backing out of a verbal agreement, that they would put the land in mine and my sibling's name. There was no written contract or clause in their divorce about this land. Now he is stating that he only agreed to give my brother and I one acre each. How can my mom fight him on this? Both of their names are on the land title.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Real Estate Law Lawyer
  • Knoxville, TN

A: Unless there is some contract, she cannot force him to convey out. Examine the divorce decree carefully. In all likelihood the Mother's only recourse is to file an action for Partition. But even that does not put anything in your name as basically you have no legal standing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.