Is a promise made in an e-mail love letter a valid document to enforce property rights?

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Is a promise made in an e-mail love letter a valid document to enforce property rights?

In trying to reconcile my relationship with my boyfriend I said in an email I would sign over my part of the house. We are co-owners because his mom loaned us the money. I never did sign the document because he wanted me to get the tax credit for a new home. He didn’t want to apply for it because he cheats on his taxes saying he makes no money and didn’t want to cause a red flag with IRS; the Atty General is after him for back child support. We have split again and now he is using this email as a cloud on title. Does he have a case? I never signed the property back.

Asked on July 31, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Potentially an admission or representation in a letter signed by the party to be charged with the promise or representation sought to be enforced could be binding upon that person if it is signed and there is some thing of value possibly offered to be exchanged for the promise.

If the document sent was an e mail, then the e mail was not signed in ink or in pencil. It is simply an electronic transmission. If you never signed a written deed (usually before a notary public), it would appear from the facts you state in your question that the promise made in the e mail that was sent has no legal effect.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Potentially an admission or representation in a letter signed by the party to be charged with the promise or representation sought to be enforced could be binding upon that person if it is signed and there is some thing of value possibly offered to be exchanged for the promise.

If the document sent was an e mail, then the e mail was not signed in ink or in pencil. It is simply an electronic transmission. If you never signed a written deed (usually before a notary public), it would appear from the facts you state in your question that the promise made in the e mail that was sent has no legal effect.

Good luck.


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