Q: Is a hand written receipt legally binding on the sale of a house
Friend of mine sold me her house for very little money, and now a year later wants to take it back. I have a signed receipt from her and her ex husband. Will that be enough to stop her from kicking me out?
A: The best receipt for a home sale is a deed. Anything else is suspect and may not evidence the parties intent. See more at www.provenresource.com
Thomas. R. Morris agrees with this answer
A: It may be enforceable as a contract for sale. It in not effective to transfer title unless it meets the requirements for a deed. It may be enough to defend against an eviction in court. I don't know how to answer the question whether it is "enough to stop her from kicking (you) out." It depends upon what you mean by "stop" and "kicking you out". You should consult with an attorney.
Brent T. Geers agrees with this answer
A: Buying or selling houses with written receipts is a sure sign you should not be doing either without help. How do you know he or she even own the house? If they are divorced, what does the judgment of divorce say about the house? Did you check the deed or contact the register of deeds? Best case: you'll need to fight the eviction, and sue them for specific performance. You may find you have a statute of frauds issue. Worse case: you've been had by one of both of them, with little real recourse.
Kenneth V Zichi agrees with this answer
A:
Mr Geers has provided a sound analysis, but the bottom line is none of us can actually provide you legal advice in a forum like this. Please seek local legal representation! There MAY be something you can do, but I fear that the assessment that you've not done a good job protecting yourself and that will likely come back to bite you.
Good luck!
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