Peekskill, NY asked in Real Estate Law for New York

Q: Me and my ex partner verbally agreed that I would refinance the house and buy her part, do I have to sell?

Now she changed her mind and wants to sell the house, Can I be force to sell the house or what are my options?

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2 Lawyer Answers
Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: The "verbal agreement" is unenforceable. Had to be written. If no settlement, a lawsuit for partition forces the sale of the property.


Steven Warren Smollens agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In your situation, the enforceability of the verbal agreement to refinance and buy out your ex-partner's share in the house depends on the specifics of your case and local laws. Generally, verbal agreements can be challenging to enforce, particularly in real estate transactions, as they often require written contracts.

However, if you have evidence supporting the agreement (like emails, text messages, or witnesses), it might strengthen your position. You should consider gathering any such evidence.

Your ex-partner can potentially initiate a legal action to force the sale of the house, especially if there's no formal agreement outlining each party's rights and obligations regarding the property. This is often done through a partition lawsuit, where the court can order the sale of the property and divide the proceeds between the owners.

Your options could include negotiating a buyout agreement now, refinancing the house as initially planned, or contesting the sale in court if you believe you have legal grounds to do so. Each option has its own legal and financial implications.

It's advisable to consult with a lawyer who has experience in real estate and family law. They can provide guidance specific to your situation and the laws in New York. Legal advice is crucial in such matters, as the decision you make can have long-lasting financial and legal consequences.

Steven Warren Smollens agrees with this answer

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