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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46147
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My partner and I built our hour in 2000. The house was built

Customer Question

My partner and I built our hour in 2000. The house was built on property that is only in her name, the mortgage is in both of our names. After 22 years she has left me for comeone else. She moved out of the house 2 weeks ago. She has told me that because the land is only in her name that any domicile on the property also belongs to her and that she can ask me to leave at anytime. What rights do I have in this situation?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. It's not going to be quite so easy for your partner to disengage. Even though you may not be on the deed and even though you may not have a written contract regarding the ownership of the house, this can be overcome this by filing suit based on an implied contract. The lack of a written contract can be overcome based on the concept of promissory estoppel, detrimental reliance, and unjust enrichment. You relied upon the verbal agreement, performed based on such reliance, and because she defaulted, such reliance is now to your detriment. Because: i) you have partial performance based upon your mutual promises to each other, ii) you relied upon such promises to perform, iii) his failure to pay you would be to your detriment, and iv) result in him being unjustly enriched, it overcomes the legal requirement that the agreement be in writing. You are going to be able to easily prove all these elements and show there was an implied agreement based upon the fact that you were both on the mortgage and you paid your share of the mortgage. If she is not willing to voluntarily resolve this by dividing ownership of the property, then file suit against her based on the foregoing to have the court apply the law.



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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46147
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 8 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
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