Posted by River City on November 02, 2005 at 13:44:10:
Sometimes people go to attorneys and have them write letters just to see what they can get. It appears to me that the situation changed, which would mean that he would be a little touched in the head to add her to the deed.
I am not an attorney, nor do I play one on TV, however, I would think that since this was a verbal agreement based on their “relationship” that it is no longer valid. Your friend might want to reply to the attorney and state that he has no intention of adding her to the title of the property, that he paid for it with his money (down payment) and she contributed to the house payment while she was living there. He might should also point out that had she not been living with him, she would have had to pay rent elsewhere. In no way should he tell the attorney that they had a verbal agreement. He should also be very careful who he admits to that he was willing to add her to the title. The only reason I say this is that the entire arrangement was based on their relationship, and it is no more.
My friend lived with a woman from 1/04 to 7/04 in a house that he purchased solely in his name, paying all costs associated with same. There was a verbal agreement that her name would eventually be added to said deed. However in July of 2004, their relationship ended before her name was added. Consequently, she has been paying him a set amount every month (including the months they resided together) which covered the majority of the mortgage. My friend is now being served with papers from her attorney stating that she is demanding 1/2 interest in this house even though her name is no where to be found. The attorney is stating that there was a verbal agreement to add her name to the home and thereafter a promise to sell. There is nothing in writing on any of this promise and now she is demanding 1/2 of the increase in price and right to occupy said premises. This person is 2 months past due her rent and has been served a 3 day notice with a court date for eviction next week. What are each parties legal rights?
Re: Verbal agreement to sell - Posted by Natalie-VA
Posted by Natalie-VA on November 02, 2005 at 15:42:03:
Pamela,
I am not an attorney either, but RE agreements must be in writing to be enforcable.
If your friend really told her she would go on the deed, and she has been paying most of the monthly expenses, he should do the right thing.
As far as the eviction is concerned, unless she files some sort of lawsuit to cloud title to the property and shows the judge that litigation is pending, he will most likely grant your friend possession and evict her.