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Brother never changes deed in my name what can i do if it was a verbal agreement

San Antonio, TX |
Filed under: Deed to property

we traded houses and he just never changed deed as agreed 19yrs have passed and I have paid taxes on this property ever since, this was a verbal agreement that his parents are aware of and brothers since he has confirmed it to them numerous times but that is all i have no bill of sale or nothing just where i pay taxes

The reason parents are fully aware is because the deed to our property we put it under parents name with notary , so they were fully aware of agreement that we had with older brother (A) as well as other brother (C) since our property was for him(C) but put under parents name

Attorney Answers 3

  1. There are multiple ways to address this, depending on the facts of your situation. You could make a formal agreement and exchange deeds now. You could also claim what is commonly known as squatters' rights. Of course, this will all depend on the specifics of your situation and what results you are looking for. If your family members are cooperative, the situation will likely be much easier to resolve.

  2. You do not state why you have not approached your brother and simply asked him to exchange deeds. You also do not state if you deeded your home to your brother.

    Generally, a verbal agreement to acquire an interest in real estate was not enforceable under the statute of frauds. However, an exception to the statute of frauds was part performance. So, if you did what was expected of you, then you might be able to enforce the agreement.

    You should take all of your documents to a local real estate attorney for review and to prepare and file the deed(s).

    I am not a TX attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

  3. The simplest thing to do is ask him for a deed now. A local lawyer can prepare it for you at little cost. If he is not alive or will not cooperate, you should have a local lawyer prove up your ownership under the doctrine of adverse possession.

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