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I gave my friend the money for the down payment to purchase…

I gave my friend...

I gave my friend the money for the down payment to purchase the house we both now live in, as well as the funds to put on a new roof. The agreement was verbal that my name would go on the deed. She has since refused to honor the agreement. Do I have legal recourse in Missouri?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Has anything been filed or reported?

Nothing regarding this verbal agreement. I provided a cashiers check for the closing (in my name, against my checking account)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything except she is now trying to put me out of the house.

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Answered in 1 minute by:
8/19/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,908
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. While I am happy to speak to you, there is no obligation for you to accept the phone call offer, unless you want. I am also happy to continue online. So, there is no pressure to spend extra money.

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As a general rule, verbal agreements are not enforceable at law regarding the purchase of property or the transfer of ownership.

However, you can try to seek an equitable remedy to preserve your interest.

With regard to the title, you may be able to make a claim for a constructive trust. A Constructive trust is an equitable remedy for situations such as yours. Generally, the following elements must be established to state a claim for this type of relief: (1) a confidential or fiduciary relation; (2) a promise; (3) a transfer in reliance thereon; and (4) unjust enrichment.

Equitable remedies are complex litigation. An attorney is strongly recommended to represent you in court.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,908
Experience: 30 years experience representing clients.
Verified
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Loren
Loren
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Satisfied Customers: 37,908
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