QUESTION

We bought land from a woman recently. Her exhusband gifted her the property before their divorce. He is claiming they had a verbal agreement not to se

Asked on Jul 12th, 2014 on Civil Litigation - Louisiana
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sell property without his consent so he is suing her for breaching that verbal contract. Are we in danger of having to give the land back if he wins his suit against her? She had clear title to the property and we purchased title insurance. We really want the land and are worried about losing it.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm not familiar with Louisiana law, but I know it is a little idiosyncratic.  However, I'm pretty sure that Louisiana will follow the general law in this area, which is that, since you had no reason to know of any claim on the land when you bought it, you are what's known as bona fide purchasers for value, and should not have to worry about losing  the land, whatever was the private agreement between your seller and her ex.  The answer would be different if the seller had told you about the claim, or the exhusband had recorded it, before you bought.
Answered on Jul 14th, 2014 at 9:37 AM

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