Legal Question in Real Estate Law in New Mexico

Real estate agreement/contract

I left my domestic partner of 17 years about 1 1/2 years ago. We own a house together in New Mexico that carries no mortgage. We verbally agreed that if I quit claimed the house to her that she would refinance in her own name and pay me a lump sum of 55,000. After closing on the loan she presented me with a check for 35,000 and said that's all I deserve. I reminded her that we had a verbal binding agreement. Do I have any legal recourse?


Asked on 7/26/08, 11:17 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Real estate agreement/contract

The verbal agreement may be legally enforceable in the situation you describe, but will have to be proved by a witness other than yourself, an admission by your former, or other evidence such as a notation or note or similar. Your word against her word, standing alone, will not get the job done. You need a few more pebbles on your side of the scales of justice.

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Answered on 7/29/08, 1:22 pm


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