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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38225
Experience:  17 years real estate, Realtor. Landlord 26 years
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My boyfriend told me I could have the house if I stayed (did

Customer Question

My boyfriend told me I could have the house if I stayed (did not leave him then over the house and homestead security) and now a year later, has changed his mind.Can I sue him for his fee simple interest?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: the boyfriend is 75, in title as rights of survivor ship with his brother, Roger. His brother didn't agree to it, so I am not suing for the bothers interest. I want to assume the interest of the brother I live with.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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You could try to sue him under a breach of contract action, but honestly, it probably won't work because under a legal doctrine called the Statute of Frauds, all contracts regarding the sale or transfer of property have to be in writing in order to be legally binding.

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And if he states that he never agreed to that, and you don't have anything in writing signed by him, then a judge wouldn't rule in your favor. I don't want to see you spend your time and thousands on an attorney on something that has a low probability of success if defended.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister