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.?
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.
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.
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.
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.