Can a verbal contract stands after a death?

A husband agreed to his tenant that if they agree to make a monthly payment of $300 a month until they are able to pay off a total of $30,000 mortgage on the home, he will give them the property papers as owners. He died before the tenant was able to pay it off, the owner wife does not know anything about the verbal agreement and wants the tenant to leave the house. I no that a contract comes to an end once a party dies, but in this case, does the tenants own the home or does the wife have the rights to put them out and why? Was a breech made and by whom was it made by? Thank you

Pascal the Gambler

No way to prove a verbal contract, especially if one person dies. The tenants do not own the home. They never did. Yes, the wife can kick them out: 1. They are only tenants, that's all they ever were, so LL/tenant law applies. 2. There was no contract in place that anyone can prove. The law will see their payments simply as rent in lieu of any contract. 3. There is no breach, as there was no real contract.


In the US, here is no such thing as an ENFORCEABLE verbal contract when it comes to the SALE of real property. Rental agreements of less than one year can be verbal, but nothing that involves the eventual transfer of title. Sales agreements must, by law, be in writing. People get themselves into oral agreements for buying property fairly often - ignorant people, that is - and once in a while, one actually works out. Mostly, they don't work out, and in NO case is one enforceable against either party. The tenant has no recourse. The wife may legally evict the tenant.


Verbal contract to purchase real estate are NOT encorceable under any circumstance.


some countries don't allow verbal contracts at all, in others, IF the contract can be proven, it can be enforced. 99.9999% chance it cannot. only an idiot would enter into a verbal real estate contract. contracts don't necessarily end upon death, the heirs become the party to the contract the way it would be proven would be if the other party slipped up and admitted. evidence might also be something like market rent is 1000, but tenant paid 2000 per month...if market rent is 1000 and tenant pays 300, that would not be a clear indicator as its not that much extra... and that would only be in any area that honored verbal contracts


This contract wouldn't even stand if the guy were still alive and changed his mind. Verbal contracts are nearly worthless in real estate matters.


Verbal contracts are worth the paper they are written on ;). There is no proof the contract ever existed and the payments would be treated as rent by the court. The tenant is out of luck.


There is no circumstance in which the tenant owns the home, none, without paying for it. The debt doesn't die because the owner did. Ever. An owner who set up a lease to own without any paperwork or amortization schedule had to marry someone smarter than he is, if only to make sure he had food in the house. Lease to own with zero interest? Not bloody likely.


The tenant has no written proof of this 'contract' so it doesn't exist the house belongs to the person whose name is on the deeds and after their death will form part of their estate and be passed on to whoever legally inherits......


No, it can be disputed. Contracts such as this needs to be in writing.


Of course she has the right to kick them out. There is no proof this agreement even existed. If they did something like this with no legal paperwork, sorry but they're just plain stupid. Even if there had been paperwork, they would not have just owned the home without paying off the rest.


There was no contract if this was in the United States. ALL real estate contracts MUST be in writing.