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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I passed papers on a house about 7 years ago.. I stopped the

Customer Question

I passed papers on a house about 7 years ago.. I stopped the meeting when I heard my ex girlfriends name solely mentioned and I was reassured my name would be on the deed.. I brought the $10,000.00 to the closing and my R.E. Broker and Mortgage broker were present at the closing.. I borrowed 5k from a friend and another 5k from my son.. Both to whom I paid back solely.. I wonder if I can bring her to small claims court??
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Pasco County, Fl
JA: Has anything been filed or reported?
Customer: Not yet, however, these 4 people are willing to stand up for me.. Also, have a paper trail.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FL law an agreement on real estate must be in writing to be enforceable pursuant to the statute of frauds. Furthermore, even if you were to call this a loan to your ex, the statute of frauds would required written contracts or you had to sue her within 4 years. If you are within the 4 year statute of limitations and you loaned her this money on a verbal promise to repay you, then you can sue her for breach of the oral contract.
The limit in small claims in FL is $5000, so you would need to sue in the district court and you would need to have an attorney to sue her there for that suit for breach of contract.
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Customer: replied 1 month ago.
Please tell me what I can do.. No one in her family gave her a penny to buy this house with me! I brought the 10k to the table..
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Unfortunately, if you are beyond the statute of limitations and have no written contract, the only thing you can do is see if you can get her to admit in writing that you loaned her the money. If she admits in writing that you loaned her the money, then that would renew the statute of limitations and also would be proof of the debt. If you cannot get her to do that there is little more you could do if she refuses to pay.

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