Legal Question in Civil Litigation in Indiana
Verbal Agreements
My husbands ex wife claims they made a verbal agreement after the divorce was final for him to reroof her house, expenses and labor....this is a false statement, and is not in the divorce papers, and she claims she can bring him to court,and that the verbal agreement (which he never agreed to) is binding in a court of law......Is this true? Can someone sue someone over a verbal agreement whether it is true or false? How can a verbal agreement be binding in court? Thanks
2 Answers from Attorneys
Re: Verbal Agreements
She can sue. However, it is her word against his and she has the burden of proof. In other words she must prove that more likely than not the agreement exited. Additionally, to be enforceable, there must be consideration, in other words what did she agree to give him?
Re: Verbal Agreements
If your husband promised to re-roof his ex-wife's house, then he should honorably discharge his obligation, whether or not it is enforceable. It will give him a chance to hang around her house, check on things, and earn her approval. People will promise to do anything to escape from a bad marriage, even walk out like St. Francis without so much as their clothes. However, the promise, if made, may not be legally enforceable. If the final divorce judgment says the terms are complete, then the judge will be eager to throw out the ex-wife's obnoxious complaint on a "res judicata" theory, that everything was already decided. If a clause like that was not included, then the judge, or the judge's unfortunate commissioner, will have to endure a "liar's contest," and the ex-wife might be a more convincing witness. There are many theories under which verbal agreements can be enforced. Whatever happens, have pity on your husband. Good luck.
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