Do i have any legal recourse to get my house back after signing it over to my daughter?

UPDATED: Oct 1, 2022

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Do i have any legal recourse to get my house back after signing it over to my daughter?

I owned a house for 20 years. My daughter lived there and was supposed to be paying rent but rarely ever did. We made a verbal agreement that she would buy the house from me and start paying the real estate taxes and insurance and pay me monthly payments. So I signed the house over to her. Now I find out that she hasn’t paid taxes on the house in almost 2 years and I don’t believe she is paying the insurance. She also stopped paying me any payments. do I have any legal recourse to get that house back in my name so I don’t loose evrything I have invested in it?

Asked on March 13, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, without a written agreement, you seem to have no recourse. In Texas (and most states with which I am familiar), a contract or agreement regarding the purchase of real estate must be in writing to be enforceable: an oral or unwritten ("oral, not "verbal," is the correct term, by the way) agreement for the sale or transfer of real estate will not be enforced by the courts. Since your oral agreement is not enforceable, you in essence simply gifted or gave the house to her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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