Now Accepting New Clients!

CONTRACTS 7: In the absence of a written agreement, plaintiff was not entitled to the house.

This case involves a dispute over the ownership of a multi-unit home located (the house). In January 2010, plaintiff and defendant began living together as a couple, and on December 21, 2011, the parties’ daughter was born. On December 26, 2012, defendant purchased the house; according to plaintiff, she provided the funds for the purchase of the house, but the couple agreed to title the house in defendant’s name alone upon the advice of the real estate agent.

The reason for this is disputed; plaintiff testified that she wanted to receive favorable tax treatment by declaring another property as her principal residence, and she believed that defendant could receive favorable tax treatment by declaring the house to be his principal residence. She testified that she believed that the owner had to live in the house for one year before renting it to qualify for the tax exemption, and for that reason, she and defendant agreed that the property would be titled in his name initially, then after one year he would convey the property to her.

By contrast, defendant testified that plaintiff was reluctant to title the house in her own name because she feared deportation. In any event, the parties do not dispute that they intentionally titled the house in defendant’s name alone.

Defendant testified that the parties discussed that future real estate purchases might be titled in plaintiff’s name or in both their names, but that he did not agree to convey the house to plaintiff.

In January 2016, defendant moved out and plaintiff continued to live in the unit with the parties’ daughter. Defendant thereafter mailed to plaintiff a Notice to Quit, directing plaintiff to vacate the house. Plaintiff then filed a complaint to quiet title.

At the conclusion of the bench trial, the trial court noted that the conflicting evidence regarding who paid for the house was not pertinent to the outcome of the case because plaintiff had not demonstrated the existence of a contract.

The trial court held that in the absence of a written agreement, plaintiff was not entitled to have the house conveyed to her because an oral agreement to transfer the house was barred by the statute of frauds. The trial court entered an order dismissing plaintiff’s claim for quiet title to the house and dismissing defendant’s counterclaim.

Are you involved in a real estate dispute in Michigan? Are you seeking an efficient and effective resolution to a property litigation matter?

To schedule a free consultation with one of our experienced real estate litigation attorneys, contact our law office in Plymouth, Michigan.

Contact Aldrich Legal Services

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

PROBATE 42: Dissolution of professional corporation.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

A basic introduction to wills

Originally posted on 10/31/2016 It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

How Is Alimony Determined In A Michigan Divorce?

Originally posted on 06/22/2018. When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...

Is My Conviction Eligible for Expungement?

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000