Legal Question in Landlord & Tenant Law in Virginia
Are we bound by this contract?
My wife, myself and her father purchased a home. Situations arose that we could no longer live under the same roof. He agreed to sell his half to my wife, along with an amount of money for his part. He agreed to move out 120 days from once the refinance, which removed his name from everything, was complete. This contract was signed by my wife and her father. He later signed and had notarised the paperwork to hand over his half of the house to myself and my wife. My question is, are my wife and I bound by the earlier mentioned contract, given that I did not sign it? Her father has been arrested by us once for domestic violence and we have a 20 month old girl. We are trying to see what steps, if any, we can take to quicken this process.
2 Answers from Attorneys
Re: Are we bound by this contract?
Since either one of you could give permission for your father to stay in the house, I think that the agreement of either one of you for him to stay for 120 days would be enough for him to stay for 120 days. In order for a contract to be binding it must provide benefits flowing in both directions. A one-way promise is not binding. But if it was part of him selling you his interest in the house, this would make it a two-way exchange and therefore binding.
What I am more puzzled by is how the overall agreement can be binding if only one of you signed it. I don't know how you can satisfy the lender that you own the house if everyone did not sign it.
Re: Are we bound by this contract?
Your wife would appear to be bound by the contract to which you've alluded; as to whether you might be, also, further information and facts would need to be developed. (And furthermore, given your brief description of your fellow co-owner and father-in-law, I find it moderately puzzling that, apparently, you might not want to be so bound.)
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