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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Will a signed hand written letter unotorised stand up in

Customer Question

Will a signed hand written letter unotorised stand up in court. I have a property as tenants in common with a mortgage. Will providing the other property owner with a hand written letter promising to pay out the loan solely be enforceable. To avoid pressure and stress as I have just come out (1 week) of medical treatment which ran for 12 weeks of heavy medication additionally
Submitted: 11 months ago.
Category: Australia Law
Expert:  Patrick H. replied 11 months ago.

Hello and thank you for your question.

In principle there is no reason why an agreement to repay a debt wouldn't be enforceable just because it is hand written, and indeed even unwritten agreements are generally legally binding.

However, to have legal force an undertaking must generally be part of an agreement whereby the parties have exchanges something, which begs the question, why is one property owner intending to pay the the whole of the mortgage, rather than sharing it, as would normally be the case?

Patrick