My friends brother signed everything to him before going to prison. he is now out and now wants 50%.

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My friends brother signed everything to him before going to prison. he is now out and now wants 50%.

What rights does his brother have to demand 50% of property that he legally signed over?

Asked on June 5, 2009 under Real Estate Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

That's going to depend on quite a few things, I think.  If your friend needs advice, he should see a lawyer in your area, give the lawyer the whole story.  One place your friend can find a qualified attorney is our website, http://attorneypages.com

I'm not a Wisconsin lawyer, but in most states, an unconditional gift, or unconditional sale at less than full value, is final.  I'd suspect the brother might claim that the two of them had agreed, before the property was signed over, that he was going to get this 50%, and then it becomes a question of who is more believable on the witness stand.  The brother might also argue that your friend has been unjustly enriched, depending on the circumstances, but those same circumstances might indicate that the brother engineered the situation for his own benefit and so gets no help from the court.  This might be interesting.


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