Full question:
My fiance and I purchased a home together. We each put money down as a down payment. My name alone is on the title, however we both signed for the loan. My fiance has since moved out. He is taking legal action against me for the return of the down payment. A rental agreement was signed by him and he is also asking for the equity money back. His attorney is saying I either pay up or they will take me to court. Does he have a legal case against me? My ex-fiance also signed a promissory note which was notarized and payable to me next month. His attorney says the note was signed without consideration and is therefore not enforceable in the state of Nebraska. We also signed a separation agreement and again his attorney says that is not recognized or enforceable in the state of Nebraska. Do I need to roll over and return his deposit or do I have a favorable argument?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Nebraska
Answer:
Any claims regarding the sale will likely be governed by contract law. The terms of your agreements will generally determine your rights and obligations, as well as those of your ex-fiance. You should carefully review the agreements to understand your position.
Consideration is something of value exchanged in a contract. It can be for performing an act or refraining from it. For example, a valid contract can be formed by paying someone not to do something.
It is advisable to have a local attorney review all relevant facts and documents. If you wish to resolve this dispute through legal means, here are some key points about contract law and breach of contract:
Contracts are legally enforceable agreements that create obligations for both parties. They can be written or oral, but written contracts are generally easier to enforce. Breach of contract occurs when one party fails to perform as agreed, causing the other party to suffer damages.
Remedies for breach of contract include:
- Money damages: Compensation for financial losses caused by the breach.
- Restitution: Restoring the injured party to their original position before the contract.
- Rescission: Terminating the contract for both parties.
- Reformation: Changing the contract to correct inequities.
- Specific performance: Compelling one party to fulfill their contractual duties.
Promissory estoppel may apply if one party relied on a promise made by the other, making it unfair not to enforce the agreement. This requires showing reasonable reliance on the promise and that injustice would occur without enforcement.
In Nebraska, a premarital agreement must be in writing and signed by both parties to be enforceable. If a party can prove that they did not execute the agreement voluntarily or that it was unconscionable, the agreement may not be enforceable.
For further assistance, consider consulting a local attorney who can provide specific guidance based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.