Newark, NJ asked in Family Law for New Jersey

Q: How valid is a verbal agreement?

Got a property on a deal and put title on my ex wife name while we were still living together.Did almost all renovations and maintenance for 15 yrs.Deal with her was that after refinancing mortgage into her name she would add me to title.She agreed.She claims recently that the property belongs to her.I have witnesses including our kids.Please give me advise as to what I should do.?

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3 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: You need to meet with a family law attorney immediately. It sounds like your ex has forgotten the terms of your deal and since title is in her name alone, you have an uphill battle to prove any ownership interest. Presumably, you will need to file a lawsuit against her to assert various equitable claims but if you think that you can simply rely on a verbal "agreement" between the 2 of you to establish your ownership interest, you are wrong.

Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: The verbal agreement will probably not hold up in Court. However, you are going to need to retain an experience civil litigation attorney to represent your interests in this matter.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I’m sorry to hear of this situation. Generally speaking, verbal agreements are enforceable, but when property such as land or houses are involved, it’s always better to have a written agreement. In fact, in some circumstances the Statute of Frauds requires a written agreement. Here, another factor is what, if anything, was written in your divorce agreement regarding the property. There might also be additional equitable factors such as unjust enrichment that might come into play if you performed extensive work without any compensation. The best starting point would be to review your divorce agreement – if that sets forth exactly what was supposed to happen with the property but then you verbally modified the terms, it might be possible to seek family court intervention to seek a modification of the terms and then require her to add you back to the title. This is a complicated situation and I suggest you consider speaking with an experienced family law attorney to learn more about your rights and options.

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