Legal Question in Real Estate Law in Florida

Can she take my house?

I bought a house 6 years ago. I made an agreement with my daughter that if she made the first 36 payments on time and kept the place clean, neat and well maintained that I would add her name on the mortgage with mine. She was late on 13 payments, with some up to 60 days late, and got numerous code violations for not keeping the yard up. I did not add her name but allowed her to continue living there. Now, 3 years after the agreement ended, she is trying to sue me saying that I bought the house and promised to add her name no strings attached! I have some close friends who we told the details to but my daughter, myself, and my husband (he was my boyfriend back then) were the only ones present. What should I do? If this goes to court, will I need an attorney? She even changed the locks on the house without my permission and I no longer have a key!


Asked on 7/28/08, 11:26 pm

1 Answer from Attorneys
Robert Roemer Robert Roemer

Re: Can she take my house?

Generally, a contract regarding real estate must be in writing. If there was a written contract you would have to prove recession and/or lack of consideration. A promise to make a gift in the future is not enforceable.

If there was no written contract, then your daughter has no rights except those of a tenant. I would check that no fraudulent deed has been filed. Then, depending on the situation, you might consider having her evicted. This may, however, start litigation regarding the ownership of the property even if your daughter's claim is unfounded.

You may want to seek local counsel to advise you of all the particulars of the situation.

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Answered on 7/29/08, 2:57 pm


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