No Recording - Verbal Agreement
She is at a disadvantage here because without a written agreement and/or a deed recording, it is very hard to prove what exactly was promised. In addition, under Michigan's 566.106
, any contract
as to land has to be in writing
. This is under the doctrine called "statute of frauds
" and is very strictly enforced via Court.Promissory Estoppel
If someone acts under a reasonable promise of another and then faces injustice due to the retraction of said promise, then this called "promissory estoppel" and this is actionable in Court.
The elements of promissory estoppel are (1) a promise, (2) that the promisor should reasonably have expected to induce action of a definite and substantial character on the part of the promisee, and (3) that in fact produced reliance or forbearance of that nature in circumstances such that the promise must be enforced if injustice is to be avoided. Marrero v. McDonnell Douglas Capital Corp., 505 NW 2d 275 - Mich: Court of Appeals 1993
. Due to the lack of written agreement, this would be more of a threat than an action to be seriously contemplated (because the Court at the most may agree to give them some rights but not the whole deed), but may be used as leverage against the girlfriend in an attempt to negotiate a settlement amicably.
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