Legal Question in Real Estate Law in Indiana
Breach of verbal contract
3 years ago, my husbands grandmother was dying. Before she died, she told us she wanted us to have her house. Before she died at the hospital, her son, called us out in the hall and told us his mother wanted us to have her house. After she died, we agreed to move into the house with the understanding that the house would be ours. When the estate was settled, my husbands uncle paid off the other heirs, shorting my husband, so they had no interest in the house. After 3 years, the house is stil not in our name, and the uncle has 3 times in the last year made statements that the house was his and we had to live by his rules. Now he has told my husband that he has to leave, but our daughter and myself can stay.
Do we have a breach of verbal contract on this house? We have paid all the expenses for this house the last 3 years including the property tax. Theh only reason we agreed to move in , was the promise that the house would be in our name. I have provided the uncle transportation to and from the store and anywhere else he has requested for the last 3 years as Grandma wanted us to. Where do we stand legally? Where do we start? I would appreciate any help you can give me. Thanks.
1 Answer from Attorneys
Re: Breach of verbal contract
This is a really terrible situation. No matter what the grandmother said she wanted, if she failed to write it in her will, then one of her children owns the house. Having said that, you need to consult an attorney to sue the uncle in order to force him to deed the house to you or to get him to make a will in your favor. Basically, Indiana law requires that contracts for real estate be in writing unless there is part performance, and it appears that there has been part performance on your part. Unfortunately it will be a very expensive and probably protracted litigation between you and the uncle to compel him to deed the house to you at this time or at some later time. Otherwise, you are merely a tenant and he can terminate the tenancy at any time upon a 30 day notice. He cannot, however, order your spouse to leave and only allow the rest of the family to remain. You need to see your attorney promptly.
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