Full question:
My mother used her money to built on to our house, $150,000.00. It was never written down but said between us that if anything happen or sell, we would pay her back, she has only been in this space 3 1/2 years when my husband and I are divorcing. He says he owns her nothing! I do have emails between us saying he would, us pay her her on the sell of our home. Can she put a on him?
- Category: Debts and Credit
- Subcategory: Lending
- Date:
- State: North Carolina
Answer:
Agreements like this are usually evidenced by a Promissory note and Deed of Trust or Mortgage or other writing. Agreements that cannot be performed within 1 year and agreements regarding real estate must be in writing.It is possible that if there are emails that agreed to the terms she may be able to make a claim. However, it depends on the contents and whether they can be considered an agreement.
The best course of action at this point may be to have the divorce Court address the issue of who gets the house and maybe even address the equities of the money that your Mother put in the house in considering division of property.
Regardless, you need to consult with a local attorney because the all facts need to be discussed in person.
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.
