Legal Question in Civil Litigation in California
Verbal Contract
We had a verbal verbal agreement with someone to buy and move into a house in So.Cal. The verbal terms were we would half all payments and expenditures for a period of no more than 2 years and would split the profit made when the house sold, but My husband and I paid for all closing costs and are the only ones listed on the deed of trust and the loan docs are soley in our names as well, so we are financially, and legally solely responsible.,,,we have lived in the house for less than a month and already see we are not compatible as house mates...we have only asked the other person for 1 month of their portion of the mortgage and received that in full the other person also paid for the home inspection and drove out to lok at the house on a couple of seperate occasions as we were out of state. To make a long story short we have asked him to leave our home and offered to pay back to him all monies he has brought forth as well as compensate him for his gas and time while looking at the house. He has at this point refused to leave...What are our options for getting him out of our home? Thank you
4 Answers from Attorneys
Re: Verbal Contract
Fortunately for you, the person living in your home is just as dumb as you are for making a "verbal agreement" for something as important as the purchase or sale of a house. By law, contracts for the purchase or sale of real estate must be in writing (the law is called the "statute of frauds.") As far as the law is concerned, he is merely a "lodger." Call the police and ask them to throw him out. If they won't, get a lawyer to file eviction papers.
Re: Verbal Contract
Well I disagree with the other response you received first on two counts, first, intelligence or stupidity has nothing to do with what you did, you simply were not sophisticated in matters relating to real estate purchase/sale. I'm surprised by the response he provided. However, I also disagree as to his instruction re resolution. The police will tell you it is a civil matter and you will likely have to take formal civil action to resolve your dilemma. I would have to speak with you and see all your paperwork that you do have from initial purchase, etc., to date, to discuss all, but an action for partition may be required if you cannot reach a more informal agreement. Our first consultations are without charge as many attorneys also offer. Call if you wish to discuss.
Re: Verbal Contract
If they don't leave upon threat of eviction, you will need to file an eviction action. I anticipate them defending and raising the 'contract' for sympathy to the judge. You would be well advised to have experienced legal counsel do this, because you only get one shot at it. Contact me if interested in doing this right.
Re: Verbal Contract
Partition action. Call me directly at (619) 222-3504.
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