Is an oral property settlement enforceable?

I divorced 10 years ago. We split up all the assets except the house which he kept. We made an agreement that when he decided to sell I would recoup my share or leave it to our daughter. He has decided he needs all the money from the sale. Since our agreement was oral, do community property laws help me?

Asked on July 14, 2015 under Family Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are too many details that could be variables that are left out of this question so I STRONGLY suggest that you seek help from an attorney in your area asap.  Oral agreements as to real property are generally not enforceable under a law known as the statute of frauds. If the house was and is in both your names then you have some leverage here.  But documents need to be reviewed and discussions had.  Seek help.  Good luck.

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