Legal Question in Real Estate Law in New Hampshire
Verbal Agreement/Good Faith
16+ yrs ago, my husband and I built a house on my father's land. There was no subdivision per my father's request. The verbal agreement was that it was our house, even tho it sat on my father's property. We put $ into home improvements, landscaping, upkeep, paid all the mortgage payments directly to the bank, from our checking account. The mortgage, due to the location on his land, had to be in my father's name. I believe that the bill of sale was in our name. The house insurance is in my name. We want to refinance to take advantage of lower rates. My father refuses to sign the papers. We have not been able to take advantage of any equity or take any write off on our income tax. He now says that we do NOT own the house and HE wants the equity and never wanted us here in the first place. We would even be willing to move, but now have no equity or anything to use for a down payment on another home. My father is 76yrs old, and although he has very poor judgement and is impossible to reason with, he is probably not bad enough to be found legally incompetent.Is there anything we can do to get back some of the investment we've made over all these years in good faith due to a verbal agreement which he now denies every occured?
1 Answer from Attorneys
Re: Verbal Agreement/Good Faith
The sale of real estate must be in writing and evidence of ownership is a deed, neither of which you have. However, you made improvements and had a verbal contract upon which you relied and may have a claim that your Dad is unjustly enriched if he gets the value of the improvements without paying you. You might not be able to get ownership of the actual land but a Court might force Dad to pay you the reasonable value of the house and other improvements. This is a very complicated matter.