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Law Educator, Esq. (ONLY) ON The TITLE PLAINTIFF FAILURE TO…

Law Educator, Esq. (ONLY) Good day, ON...
Law Educator, Esq. (ONLY)
Good day,
ON The TITLE PLAINTIFF FAILURE TO NAME AN INDISPENSABLE PARTY IN THE CASE you helped with earlier, I told you I had oral agreement with my husband on the property. Should I state in the motion that "The defendant had oral agreement with her husband" or I should state that the defendant had agreement with her husband" then during argument if they ask me I can say it was oral agreement?.
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Answered in 3 minutes by:
8/2/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,855
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can state the defendant had an agreement with her husband. The problem with this is that under the CT Statute of Frauds, contracts involving real estate must be in writing to be enforceable, unless you can fit into the narrow exception proving you both actually performed on the terms of the verbal agreement.
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Customer reply replied 6 months ago
what do you mean by "unless you can fit into the narrow exception proving you both actually performed on the terms of the verbal agreement"?.
Thank you for your reply.
Under the statute of frauds, which we discussed a long time ago, any agreement involving real estate must be in writing to be enforceable. There is an exception to the statute of frauds when one or both of the parties actually did something to further that oral agreement, such as made payments or undertook some obligation of the oral agreement relying on the fact there was a contract.
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Customer reply replied 6 months ago
Ohh okay, Thank you very much.
That is in our case, because our agreement is that as long as he alone pays that down payment and pays the mortgage, his money will be deducted before any amount will be given to me whenever we sell the house. That was the agreement with other houses we sold earlier in other States when we were leaving the States. My husband paid the down payment alone from his personal account and he has been making the mortgage payments alone from his personal account, I have not paid a dime on the property for the nine years since it was bought. He actually made me agree to this so that I will not wake up one day and say I need money that we need to refinance or when we sell the house he doesn't want me to ask him for the money, because he always used the money to pay down payment for any new house that we get. or whatever other reasons he may have that I don't know. I never had problem with that.
Thank you for your reply.
So you need to just prove that the agreement has been acted upon to prove a valid agreement. I would still refer to it as an agreement in your brief and not an oral agreement specifically.
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Customer reply replied 6 months ago
Thank you very much. You are the best.

Thank you.

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Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page. Thank you.

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Customer reply replied 6 months ago
Do I have to put case law after I state that the agreement has been acted upon and state how? Will there be a case law for that? or I should not worry about that. I have case laws on indispensable party and violation of due process on it already.
I read somewhere that you can not argue violation of due process for someone else accept yourself. So I will argue that, not naming him and allowing him to defend his right and his property is foreclosed on, will be a due process violation. that is not arguing it for him?.
Customer reply replied 6 months ago
Or I should just write the prove and not state that it has been acted upon.
Thank you for your reply.
You need to put case law in to support each legal position and argument you are making. The case law supports that you are right about your legal argument. You do not use case law for facts, you use it to support your legal position. So you need to put case law about what the courts hold to be exceptions to the statute of frauds.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 6 months ago
This is what I wrote below. so after that or before I will put a case law for exceptions to the statute of frauds?This same agreement was with other houses they sold earlier in other States when they were leaving those States. This agreement has been acted upon so it is a valid agreement because (1) Because DR. ----------- paid the down payment alone from his personal account (2) He has been religiously making the mortgage payments alone from his personal account (3) Defendant has not paid a dime on the property for the nine years since it was bought.

Thank you for your reply.

That is fine.

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Customer reply replied 6 months ago
Will it be okay if I go to court with the case laws for this and the emotional distress and use them when I argue it? Because I don't have time to research them now because I have to file this today.

Thank you for your reply.

Usually you would be okay on that as a pro se litigant, but it is up to the judge as always.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,855
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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