When my exboyfriend and I split, I had put his name on my house. He felt I owed him 50000.00. I consulted a real estate lawyer, she felt I didn't but I would have to let him live in the house until we went to court( he was already bringing his girlfriend over while I was at work) so she suggested, if I could get up the money, get him out NOW. I refied MY house (had him sign a quit claim). We also owned an RV together. To get my name off that (he wanted it) I needed him to re finance that. So I paid him 50000.00, he signed the quit claim to my house and he agreed to keep the RV and refinance it. Well, 3 years later, I find out it has been repossessed AND my name is still on it. Because they can't reach him, they are calling me for the money. For the last 3 years, I have worked 2 jobs to pay my bills (he was great at never having his wallet, it was on my credit cards). Anyway, I don't have anymore money, the ex won't return my phone calls or letters. I can't and don't want to pay
2006-12-27 06:57:41 · 9 answers · asked by Peggy r 3 in Politics & Government ➔ Law & Ethics
The problem is that there is a third party, the lender! Unless they agreed to refinance the loan for your ex or he otherwise paid off that loan, you are still liable. he cannot release your debt to a third party without actually making good on that debt.
The only thing you could try is to take him to court for damages based on the verbal agreement. If you have some plausible evidence that an agreement was reached, i.e. the payment you made to him, this "might" be successful. Unfortunately, since there was another interest that was covered by the payment - the house - it's possible that the court would assume that these were separate issues. Even if your ex were to admit that there was an agreement between the two of you, it would not release you from your liability versus the lender. it would only give you claim against your ex, who doesn't seem likely to pay regardless.
About the best you can do is learn a painful lesson and never make such agreements verbally in the future. And NEVER let someone tell you that they are going to release you from an obligation to a third party. They cannot do that even if they wish to!
2006-12-27 07:13:44 · answer #1 · answered by EMG 2 · 0⤊ 0⤋
Generally, verbal committments are not binding. Although there are exceptions. Ask a lawyer to be sure.
If your name is on the loan for the RV then you have no choice then to try to pay back the loan. However, talk to the loan company and see if you can work something out. If they have written it off and got back the RV, it may not cost you the full amount of the loan. If they don't have the RV, then tell them to take it back and work out a deal for the rest you may owe.
2006-12-27 07:12:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your first mistake was putting his name on deed prior to marriage. Verbal agreements are pretty much worth the paper they are printed on unless there were witness' to the agreement. You did not owe him the 50k if you were the equity owner of the house. The RV is a sticky wicket since you were a joint owner. Your only hope is to track him down and turn him over to the lender. They may go along with that, however, if they think that it will be less trouble to get the money out of you than him, your only hope is to try and arrive at some sort of settlement. Get a lawyer to handle it for you.
2006-12-27 07:10:42 · answer #3 · answered by Richard P 2 · 0⤊ 0⤋
Well I;m no lawyer but it would seem to me that unless you signed a release of interest on the rv and some sort of financial agreement I would think that you are not in a very good situation. But you need to consult a lawyer on this matter.
2006-12-27 07:06:23 · answer #4 · answered by ikeman32 6 · 0⤊ 0⤋
they are in a position to be. basically some agreements could be in writing... Contracts in attention of marriage. Contracts which won't be able to be carried out interior of one 12 months. Contracts for the sale of an interest in land. Contracts via the executor of a will to pay a debt of the valuables together with his own money. Contracts for the sale of things above a definite fee, oftentimes $500.00, nonetheless it somewhat is being revised upward in maximum states. Contracts wherein one party will become a surety (acts as guarantor) for yet another party's debt or different criminal accountability. regulation pupils often remember those circumstances via the mnemonic "MYLEGS" (marriage, 12 months, land, executor, products, surety). The statute of frauds applies to honestly executory contracts, i.e., contracts that have not been carried out. If there has been a factor overall performance this is unequivocally referable to the settlement, then the case is "out of the statute of frauds."
2016-10-28 11:51:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unfortunately verbal agreements are more of a he said/she said thing if you went to court. If you don't want to pay and want him to be responsible your going to have to sue him for the money - otherwise if it's in your name, your the liable party.
2006-12-27 07:06:38 · answer #6 · answered by Lisa H 2 · 0⤊ 0⤋
well you need to get a lawyer but you should not have to pay but your name was on the RV so you might end up paying it
2006-12-27 07:06:48 · answer #7 · answered by d h 2 · 0⤊ 0⤋
yes verbal contracts are binding if you can prove that it was agreed upon by both parties. But that isn't going to help your credit any,
2006-12-27 07:06:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Oral contracts are binding unless
they cannot be performed in one year or
they involve amounts over $5000.
so, your agreement will fail on both counts
But, I don't believe you just up and paid someone $50,000 - that smells like BS
2006-12-27 07:10:10 · answer #9 · answered by BigD 6 · 0⤊ 2⤋