Legal Question in Business Law in Minnesota

Verbal contracts
My former SO and I had a verbal agreement, witnessed over the years by several persons, that he would repay me the large sums of money he was borrowing when he sold his home. He borrowed from me to save his home from foreclosure. His home sold and he repaid me via paying out funds for the home that I purchased with a cashiers check from the Title Company.
My questions is, now that we are no longer together, he has had mental health issues and is trying to attempt to force me to take him back or he will allow Social Services to come after me for the funds from his home.
We are talking about approximately $40,000 plus the funds he stole from the my house construction account in the past year.
My bottom line question is, is a verbal contract with witnesses legal in Minnesota? I also have a recent text message he sent me asking me how much he owes me. Is that a type of verification that is legal? No one else could access his cell phone. Help!!

Asked on 2/26/08, 7:25 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

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Re: Verbal contracts

A verbal contract may be as binding as a written contract in most instances. However, it is often a matter of proving the term is of the contract.

If one of the party's to the contract has mental health issues and you, as the other party were were aware of those issues, there may be a question as to whether or not the person was able to enter into a contract in the first place.

Where social services is involved, they may seek to set aside any wealth transfers that they believe were inappropriate and designed to avoid payment of those assets or finds to the state. Proving a binding contract that was not fraudulently entered would be your burden.

For a consultation call 612.240.8005 or visit minnesotalawyers.com

Answered on 2/27/08, 1:00 pm

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