deed question

[cherring]

What is the name of your state (only U.S. law)? alabama

I purchased an older house from a long time friend. I had repair person look at the property and he said if I would buy the house, he would do the repairs and we could sell it and split the profit. I agreed to put his name on the deed and he was to do the repairs. He did not and since has been injured so he isn't going to do them either. He has contacted an attorney and is asking me to partition the property. I have offered him $2000 to just disappear, needless to say, he hasn't. He has not kept the agreement (not on paper) and he has not participated in the maintenance of the property. Is there a simple, legal way to have his name removed from the deed? If so, how?

 

[Prima Facie]

Unfortunately, there is no simple way to have the repair person's name removed from the deed. As of now, he is a part owner of the property, and he is within his rights to seek a partition.

From what you wrote, it sounds like your best argument is that there was an oral contract, and that the repair person breached the contract by failing to repair the property. If you can convince the judge that the oral contract existed, then the judge may order the property to be retitled in your name alone (or he may grant you a money judgment).

Proving the terms of the oral contract may be difficult, though it does seem reasonable to conclude that some sort of agreement was made since people don't generally gift property to strange repair persons. Without anything in writing, however, you have an uphill battle. I suggest you contact an attorney.