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atipton848
Jul 3, 2012, 08:29 AM
My aunt bought 2 homes and stated 1 was for my mom and dad whom packed up and moved 250 miles to move into said home, which was a "gift" for my mom... my mom recently passed and my aunt has now filed eviction papers for my dad... how does this work if home was orally given and now evict is filed?? ANYONE??

ballengerb1
Jul 3, 2012, 08:31 AM
Oral agreements are difficult to prove and/or enforce. Did your aunt put your moms name on the deed? If not the argument could be made that she changed her mind.

ScottGem
Jul 3, 2012, 09:25 AM
If it was a gift for mom, than title should have been transferred to mom. If the title wasn't transferred, then the aunt still owns the property. Assuming that mom and dad never paid rent or property taxes, basically the aunt gave them a gift of free housing NOT a free home. And she can argue that point. Which means dad has to vacate

Fr_Chuck
Jul 3, 2012, 10:12 AM
Property is one of the things, that has special state laws, in most cases verbal agreements for the sale of property is not binding and have to be in writing. ** or so the laws of 3 states I have sold real estate said so.