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If I entered into a verbal ownership agreement with a person…

If I entered into...

If I entered into a verbal ownership agreement with a person to own 50% of my commercial building, but allowed him to use some of my space for four years, how do I get back the legal right to sell my half if he is not agreeing?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Arizona

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

NO

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

Yes the other is claiming he now will not allow us to sell our 50% because , he still wants use...We need to sell now

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Answered in 5 minutes by:
10/23/2017
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Customer reply replied 5 months ago
We own a commercial building, we made and agreement to allow our partner to use some square footage, verbally four years ago. We own the building 50% 50%
We now want our footage back to sell ..and the other partner is saying he wants to claim the square footage he has been using instead of allowing us a sale of what we own.
Customer reply replied 5 months ago
please type answer

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

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Thanks for your patience. Generally, contracts can still be valid even if they are not in writing. Contracts concerning land, to be enforceable, must be in writing if one party is going to bring a cause of action to court under the Statute of Frauds. In your case, it's a bit complex. On one hand, because this is concerning land, you could argue that this person is trespassing on your land and that the court should order them ejected, thus giving you a chance to sell the 50% of your commercial property. On the other hand, oral agreements are still valid even if they aren't in writing and your conduct over the past four years suggests that you agreed to let this happen. Thus, a court would probably argue that there is an enforceable agreement here such that you wouldn't be able to remove the 50% ownership of the land from the other party. The only thing that may help you is if you can argue that this other person is a tenant and not an owner of the land. If they are a tenant, you simply only need to provide thirty days written notice for them to leave the property. They would have to bring a counter argument to court stating that you gave them 50% ownership of the land, but without any land transfer deals or any other information to prove the agreement, then you would likely win.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 5 months ago
Thank you .. it is a commercial building.. not just land if that means anything different please tell me.

I understand what you mean. If it is a commercial building, it is still considered "land" under the law. The reason is because the commercial building sits upon land. The building is just an improvement upon the land that I presume that you own. Thus, whether it is for the use of the building or just use of the dirty for crops, it still generally has to be in writing to be enforceable.

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Customer reply replied 5 months ago
Thank you

The pleasure is all mine! Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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