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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been divorced from my ex- husband eight years now. At

Customer Question

I have been divorced from my ex- husband for about eight years now. At the time of our divorce I had some inheritance money and made the mistake of putting one of my properties in both of our names which gave him rights to getting a home in the divorce. He was not completely happy just getting the house as is so I loaned him 10,000 outside of divorce decree to fix up home and purchase new furnishings and I told him if he ever sold home to pay me back then. Well he sold the house in October and does not recall the verbal agreement. I have the decree that does not show any money given and previous year savings, 401k and income tax return showing he did not have ten thousand on his own to spend. However, I don't have a check stub but he recalls spending money just not how he got it or agreement. Do I have a case?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation, Charleen. Verbal agreements are still binding. However, they are simply much harder to prove than written agreements, since the written agreements have the contract as the proof. With verbal agreements, it is a he said/she said scenario.

You have a case if someone in your situation feels that you could prove by a preponderance (51% or over) of the evidence that:

1) There was such an agreement, and

2) The verbal agreement mandated that it occur in a time frame of less than a year (because anything over a year has to be in writing under Tex. Bus. & Comm. Code Sec. 26.01).

So someone in your situation may have a case, but it would be an uphill climb to convince the Court if he flat out denies it and you have little proof beyond your own testimony.

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