Can my brother sell a house he owns that he has signed a notarized agreement that I have a lifetime home there.

[barch712]

What is the name of your state? Kentucky. My brother lives in Texas and owns another house in Kentucky. He signed a notarized agreement that I would have a lifetime home. We both signed the agreement. I have invested all of my savings in upgrades and repairs such as floors, bathroom, plumbing, general maintainence and up keep. Nine years later, with me still living in the house, he has decided that he wants me to move, so that he can sell the house. I still have the notarized statement he and I signed. Can he force me to leave or charge me rent to stay there when he has said I have a lifetime home. If so, can I recoup the thousands I have spent over the last nine years for repairs, up, and maintainence on a house that I assumed would be my lifetime home?

 

[Zigner]

What is the name of your state? Kentucky. My brother lives in Texas and owns another house in Kentucky. He signed a notarized agreement that I would have a lifetime home. We both signed the agreement. I have invested all of my savings in upgrades and repairs such as floors, bathroom, plumbing, general maintainence and up keep. Nine years later, with me still living in the house, he has decided that he wants me to move, so that he can sell the house. I still have the notarized statement he and I signed. Can he force me to leave or charge me rent to stay there when he has said I have a lifetime home. If so, can I recoup the thousands I have spent over the last nine years for repairs, up, and maintainence on a house that I assumed would be my lifetime home?

Your best bet is to have your document(s) reviewed by a local attorney.

 

[LdiJ]

What is the name of your state? Kentucky. My brother lives in Texas and owns another house in Kentucky. He signed a notarized agreement that I would have a lifetime home. We both signed the agreement. I have invested all of my savings in upgrades and repairs such as floors, bathroom, plumbing, general maintainence and up keep. Nine years later, with me still living in the house, he has decided that he wants me to move, so that he can sell the house. I still have the notarized statement he and I signed. Can he force me to leave or charge me rent to stay there when he has said I have a lifetime home. If so, can I recoup the thousands I have spent over the last nine years for repairs, up, and maintainence on a house that I assumed would be my lifetime home?

Whether or not you can enforce the agreement depends on whether or not it is written in such a manner to make it a binding contract. Only a local attorney who can read the document can tell you whether or not it works as a binding contract.

 

[adjusterjack]

Can he force me to leave or charge me rent to stay there when he has said I have a lifetime home. If so, can I recoup the thousands I have spent over the last nine years for repairs, up, and maintainence on a house that I assumed would be my lifetime home?

Did you remind your brother of the agreement? What did he say?
Did you ask him about all the money you spent on the house? What did he say?

Yes, have a lawyer look it over. But don't get your hopes up.

 

[Taxing Matters]

Can he force me to leave or charge me rent to stay there when he has said I have a lifetime home. If so, can I recoup the thousands I have spent over the last nine years for repairs, up, and maintainence on a house that I assumed would be my lifetime home?

Unless the agreement was properly recorded and is written in a way that it gives you an interest (in this case a life tenancy) in the home he can sell it without your consent. Whether selling the home would give you any legal action for damages against him depends on whether that agreement amounts to a contract. What, if anything, did you give him in exchange for that lifetime tenancy? Have a lawyer review the document you have and see where you stand.

 

[LdiJ]

Clearly the OP has spent significant money on repairs and upgrades to the home so that certainly counts as some consideration.

 

[Taxing Matters]

Clearly the OP has spent significant money on repairs and upgrades to the home so that certainly counts as some consideration.

But money put into the place that was not part of the bargain stated in the contract generally cannot be recovered in a breach of contract claim. It's possible he might be able to make out an unjust enrichment claim to recover that, but we'd need more information to know if he could meet all the elements of that claim. That's another thing the lawyer can address for him.

 

[eerelations]

But money put into the place that was not part of the bargain stated in the contract generally cannot be recovered in a breach of contract claim. It's possible he might be able to make out an unjust enrichment claim to recover that, but we'd need more information to know if he could meet all the elements of that claim. That's another thing the lawyer can address for him.

Good to see you back, Tax.

 

[LdiJ]

But money put into the place that was not part of the bargain stated in the contract generally cannot be recovered in a breach of contract claim. It's possible he might be able to make out an unjust enrichment claim to recover that, but we'd need more information to know if he could meet all the elements of that claim. That's another thing the lawyer can address for him.

Well of course the wording of the "agreement" is hugely significant...and how a local attorney might interpret that "agreement" as well.

Between AJ's post and yours the situation might have looked a bit hopeless to the OP, and it certainly is not at that stage yet. Until an attorney reviews the agreement and comments on it I don't think that we have the right to lead the OP to believe that it is likely hopeless.

 

[Taxing Matters]

Between AJ's post and yours the situation might have looked a bit hopeless to the OP, and it certainly is not at that stage yet. Until an attorney reviews the agreement and comments on it I don't think that we have the right to lead the OP to believe that it is likely hopeless.

I didn't mean to suggest that his situation is hopeless. However, I also don't want to give him the impression that some document that I've not read is certain to help him, either. There are certainly potential pitfalls for the OP here. I tried to make it clear that where he stands depends on facts I don't know, which is why he really needs to see a lawyer.

 

[Taxing Matters]

Good to see you back, Tax.

Thanks

 

[xylene]

Also, that the agreement is notarized doesn't mean much.

 

[LdiJ]

Also, that the agreement is notarized doesn't mean much.

That is true, but a contract/agreement that is notarized at least guarantees that the signatures are valid. So, in this instance, only the content of the contract/agreement is what is in question.