What are the legal principles in this case and would the wife be able to take the husband to court for the house if he refuses to give her his share?

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A husband and wife agree to go their separate ways. It was agreed that the house that they bought together will remain with the wife provided that she continued to pay the mortgage without any input from the husband. In accordance with this arrangement, the wife wrote out the terms on a paper and asked the husband to sign it as she did not trust him to keep his word. The husband reluctantly signs the paper. Two years pass and the mortgage for the house is paid off, however, when the wife called the husband for him to sign over his share of the house to her, he refuses to do so and says that his new girlfriend, who is doing contract law at the University of Guyana told him that he cannot be bound by the promise that was made because no contract can ever exist between husband and wife as it is presumed that there is never any intention to create a legal relationship between the parties. A husband and wife agree to go their separate ways. It was agreed that the house that they bought together will remain with the wife provided that she continued to pay the mortgage without any input from the husband. In accordance with this arrangement, the wife wrote out the terms on a paper and asked the husband to sign it as she did not trust him to keep his word. The husband reluctantly signs the paper. Two years pass and the mortgage for the house is paid off, however, when the wife called the husband for him to sign over his share of the house to her, he refuses to do so and says that his new girlfriend, who is doing contract law at the University of Guyana told him that he cannot be bound by the promise that was made because no contract can ever exist between husband and wife as it is presumed that there is never any intention to create a legal relationship between the parties.

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The legal principles in this case are based on the concept of contract law and the presumption of advancement A contract is an agreement between two o... View the full answer