Parents were court ordered to sell the house when student reaches 18th birthday, however student did not graduate from high school until they were 19th, the parent that is not in the home agreed that we did not have to sell the home (verbally) because he had moved on and married again, but now after seven years later he now wants to forced the other parent to sell but he did not make any payments toward the home
Dear Anonymous:
It is often said that a verbal contract is worth the paper it is written on. So I would not rely on a verbal agreement. However, that said, without a full review of the terms of your settlement agreement, it is difficult to give you an answer. For example, was the non-residential parent supposed to make payments on the house? If so, that might be a credit you would receive if and when the house is sold. However, you do not say how the proceeds of the sale were to be split.
A defense you might raise is "laches." This is a non-statutory remedy that basically says if someone sits on their rights too long (i.e. not forcing the sale for 7 years), and you suffered a detriment as a result, and you changed your position in reliance of the party not requiring the sale, then the party seeking to enforce the right could be precluded from doing so.
However, this is not a slam-dunk, as a court may also say that you would get a windfall by being allowed to keep the home. Again, a careful review of the original agreement, coupled with what has occured over these 7 years would be necessary to determine if you might be able to preclude the sale.
Best of luck,
Cindy S. Vova
LAW OFFICES OF CINDY S. VOVA, P.A.
Broward/Miami-Dade/Boca Raton
954-316-3496/561-962-2785
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