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Thu 20 Nov, 2014 03:06 pm
Its a very tricky situation. My boyfriend of 9 years had money in his savings of $9,000, his sister a real estate agent said let me take that money and find a home for you and I'll match it. Funds we're transferred to her account from his, however no written agreement was written for what the money was for.but the agreement was we buy a home and it would be both in his name and hers no rent was ever mentioned. We found a home a for closed one for $18,000 and some change. Now this home was in habitable when we first bought it, we fixed everything ourselves, payed for all repairs that were required and even paid for a home warranty. Now when all was said and done after paperwork we find out his name is not on the deed just hers, which she has now changed to her sons. Her and my boyfriend now have been on a rocky road. And she has threatned to evict us. Do I have any legal ground to stand on with having proof of our verbal agreement in texts and improvements to the home eith receipts, and the paper trail of the money transferred from his account to hers. And if not can we sue her for all improvements to the home, and for not doing maintenance as required by law as a landlord. We have been in the home 3 years. Help I need answers. Im not sure if I can stand up to her in court.
@bonaviaa31,
You need to speak with an attorney.
@jespah,
I know. Im just not financially able to that right now but she ism this is what scares me. That we will have nothing to stand on.
Get a lawyer.
Your lawyer will look for a paper trail, like when the funds were withdrawn and transferred from your BF's into this woman's account.
He will subpena the bank records, for both of these transactions.
That's just going to be the start of this, but it's a beginning paper trail.
(I'm wondering why you don't feel you want half ownership of this home, but rather only the repairs you have done. You have lived there, rent free all this time, so there might be some adjustment due to her. In order for her to "evict" you would have to have a lease with her. Do you?)
@PUNKEY,
No we have no lease with her. I do feel we own half. But im not sure what can be done about it legally.
@bonaviaa31,
You can "feel" anything you like, but you MUST have proof of the transaction.
Right now SHE owns the house and you have lived there rent free. Plus, you made improvements without making sure of how these financial improvements would impact the owner ship agreement.
You need to see a lawyer ASAP to see if you have any rights of ownership to this property.
Oral contracts are valid, but they are darn difficult to prove in a legal contest. I bet a good lawyer could work with it, and it sounds like it's worth the money.
Do you have any proof of the oral contract? talk o a lawyer with all the relevant papers. He may be of help....
Sounds like one for Judge Judy.
Oral contracts are valid but it is pretty difficult to prove. Only a good lawyer can help.........
@easterndebt,
Awesome. Where did you hear that?
@roger,
roger wrote:Oral contracts are valid, but they are darn difficult to prove in a legal contest. ...
The statute of frauds requires contracts for land to be in writing, but here the BF paid money and took physical possession of the house, in reliance upon an oral contract with the sister. That might be sufficient grounds to waive the statute of frauds. Or maybe BF has an equitable estoppel argument. BF needs a grimbribber.
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