Legal Question in Wills and Trusts in Maryland

Verbal Agreement

When I got divorced, my ex husband agreed to give me one of his several building lots and build me a house, but i was it up to me to make all payments and keep the property in good shape. In order to build the house, he co signed with me and told me he would get of of the loan, once i got the loan and lived in the house for awhile. It was a friendly divorce. Now that the property's value has skyrocketed and because nothing was in legal form, he will not sign the house over to me and has included half of the house in his estate and pat of his will to be passed on to one of his daughters and our daughther as well. What are the odds that a verbal agreement would stand up in any Court?

Thank you for your time.


Asked on 10/08/04, 2:49 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Verbal Agreement

Whether or not you can enforce your oral agreement concerning the property would depend on all the facts and circumstances, and the proof you can produce in court.

While ordinarily agreements related to real estate should be in writing, there are various ways to prove agreements even if not written, often depending on the conduct of the parties. Obviously, you are in a more difficult situation than if you had consulted an attorney who could have prepared a written agreement from the beginning. But, don't make the same mistake twice--you need to retain an attorney as soon as possible to protect your legal rights. I would be happy to talk to you about this.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/09/04, 9:33 am


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