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    superoofersr's Avatar
    superoofersr Posts: 6, Reputation: 1
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    #1

    May 23, 2011, 02:10 PM
    Verbal agreement on mortgage
    My father in law was helping my family due to MS disabling me from making the money I was. Since I was in construction for 20 years, that I would find the house with the biggest bang for the buck. So I did and he bought the one I wanted. Everything was fine until my brother in law decided to push me into a fight and now the father in law wants me out and is telling my wife if she doesn't divorce me he will sell our house. Which would put about 40 k in his pocket because of the deal I worked up. They even stole my tools while I was charged with the assault because I won the fight , stupid , how do I protect my family from losing our home that the father in law in just our lender.
    superoofersr's Avatar
    superoofersr Posts: 6, Reputation: 1
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    #2

    May 23, 2011, 02:14 PM

    Verbal agreement on purchase of home. What are my rights.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 23, 2011, 03:06 PM

    He is on the deed therefore he owns the property and can do what he wants with it. Unless you have some proof that you were purchasing the home with sweat equity, you are out of luck.

    On the tools, if you can prove you had them and they disappeared from the house while you were (I assume) in jail, you can charge them with theft.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 23, 2011, 06:52 PM

    You can get all of the terms of any "deal" in writing. All I hear, you found and made a good deal, and he bought it, and has allowed you to live there.

    I don't see or hear any deal where you are buying it from him, what type of agreement is there for you to rent or buy it from him ?

    But at this point, he can evict you since he owns it and you are just being allowed to stay there or perhaps rent it.
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    superoofersr Posts: 6, Reputation: 1
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    #5

    Jul 3, 2011, 04:49 PM
    Ohio law on verbal contracts? House purchase
    My father in law offered my wife and I with our 4 kids to buy a house when I became disabled and no longer able to work in my trade as a manager of a Roofing Co. Due to my construction experience he felt more comfortable with me finding the house.So I found a fixer upper that was for sale for 30k. Which all the homes around this house has sold for 100k.This helped us move back closer to our families . But first we had to stay with him till I got it liveable. All the problems were interior.We moved in a month later. Well everything was fine till my brother in law came to stay with us and he and I got into a fight. Now the father has delivered to us a 30 day eviction notice because my wife wouldn't leave me over the fight. He actually delivered the notice the day after I told him our unborn son would be delivered that week due to complication, we also knew our baby would not survive due to a form of dwarfism. Well two days later our son was born and passed minutes later. We had a 10 year agreement. He took out a home equity loan out on a home he just inherited . And an extra 10k for payments and materials if we were unable to make a payment. We haven't missed a payment yet. Now taxes are due . Which the old owners gave us a credit on the purchase to pay those taxes. I started college and can't afford this on just unemployment. I have witnesses to the fact he bought us the home and it would be ours whenever we paid it off. He has now demanded payment in full or he is evicting us. DO WE have a leg to stand on in court. He has also burned the grandfathers will that we know my wife was left 76k.My father in law is an only child.Since I have no money, I can't find an attorney to take the case. Please give me advise, I have 22 days left.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 3, 2011, 04:56 PM

    All real estate contacts are required to be in writing. I doubt any verbal contract will be upheld. As for as he being required to sell the house to you.

    If you have labor and money you invested into the home after the agreement. Then you may have grounds to sue for that.

    Andy purchase of a home should always be in writing, even if just a basic note or agreement.

    If grandfather died, then the will had to be presented to probate court to have the estate settled. If there is doubt, contact the attorney that may have written the will
    superoofersr's Avatar
    superoofersr Posts: 6, Reputation: 1
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    #7

    Jul 3, 2011, 05:31 PM
    Verbal contract/small claims to recover my labor and material
    If I do lose the house to my father in law, can I sue him in small claims for labor and material? And can I sue on behalf of my kids for the mental suffering the father in law will cause due to his promises to the kids,wife and myself.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Jul 3, 2011, 05:44 PM

    How is it your going to lose your home? If its because your not making payments then you can't collect anything from it.

    What is actually happening in your situation ?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jul 3, 2011, 05:48 PM

    Please do not start new questions for the same issues. We have merged your questions together. If you need to add more info, just "answer" your own question.

    Yes, you can sue them for the value of the work and material, if the verbal agreement was that the value of that was being used toward the home.

    You can not sue for pain and suffering in most small claims, to sue for that ( and I don't see a case) would require you to hire an attorney
    superoofersr's Avatar
    superoofersr Posts: 6, Reputation: 1
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    #10

    Jul 3, 2011, 06:39 PM
    the agreement went as follows, after I found the house , he would buy it , My wife,sons and I would do the work to it. But we also had to pay the home equity loan off he took out on his house to pay our house off. The equity loan was for 40k ,at a variable rate. We would pay all taxes and homeowners insurance. Yes everything is in his name.I have paid the 900 for this years insurance, haven't missed a payment,taxes will be due in couple weeks,which my wife and I thought were paid, the sellers gave us or him I shall say, a 1400 off the price , I have the realtor and neighbors for that fact, these witnesses heard him say it was bought for us due to the life of not knowing whether I would work again, and he wanted to the kids to feel no pressure for what financial burden of this disability.I have paid with checks that state in the memo,"Mike and Amy's mortgage payment". I have not broke our agreement at all.His sons butt whippin was for hurting my son and kicking me when we started arguing about it. His daughter has chose me and not to leave me over the fight.That is what upset him and he deliverd the eviction notice. I know if he excepts the mortgage payment tomorrow that the eviction will have to be posted the next month. I had a rental at one time. But what if he don't except it.?
    superoofersr's Avatar
    superoofersr Posts: 6, Reputation: 1
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    #11

    Jul 3, 2011, 06:42 PM
    Comment on califdadof3's post
    Did you see my updated version of this question I asked.

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