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

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

San Antonio, TX -

Attorney Answers (3)

Rafiq Zul Dhanani

Rafiq Zul Dhanani

Business Attorney - Houston, TX
Answered

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.

Michael T Millar

Michael T Millar

Real Estate Attorney - Toms River, NJ
Answered

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... more
Cheryl Rivera Smith

Cheryl Rivera Smith

Real Estate Attorney - Frisco, TX
Answered

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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