Legal Question in Real Estate Law in Illinois
Can I get my Money back?
Hello My girlfriend and I purchased a house together. The house was bought in her name (my credit was really poor). We needed to put down a large chunk of money to get the loan. I came up with $10,000 and had the lawyer who was doing the closing draw up a contract that stated if I moved out of the house my girlfriend would have to pay me back the money. well it seems that I will no longer be living in the house because she crazy. My question is how valid is this contract that I have? will it really hold up in court if it goes that far? Thanks.
1 Answer from Attorneys
Re: Can I get my Money back?
If you had a lawyer draw up a contract to get your money back, it should be enforceable in court. I can't say for sure without looking at it, but if it is signed by your girlfriend, and says what you just told me, it's enforceable.
The unfortunate reality is that the legal costs of a lawsuit may have to come out of your recovery, unless your lawyer also included a clause providing for attorney fees to the prevailing party. I recommend that you consult with a lawyer who would sue, or the lawyer who drafted the contract, on your rights in the circumstances.
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