# Legal Q: Absence of a signed contract. **URL:** \ **Category:** In My Humble Opinion\ **Created:** [February 7, 2013, 4:10pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597 "2013-02-07T16:10:28Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [February 7, 2013, 4:10pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597/1 "2013-02-07T16:10:28Z")
I find myself in an interesting legal situation. The ex-wife is living in a home that was purchased by a land contract during the marriage. Terms of the divorce give her the house, along with any headaches associated with the contract. Now she is defaulting on it, apparently. Sheriff deputies served me this week at my business. I am being sued (she is as well) by the original sellers. The original sellers _cannot find the signed contract_, and their attorney admits to not having it. My attorney does general law, including my divorce. She is researching this matter further, but so far she doesn’t think I can successfully be sued in this matter, absent my signature on any document. Whaddaya think??? ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [February 7, 2013, 4:27pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597/2 "2013-02-07T16:27:25Z")
Do you have a copy or an original of the contract? ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [February 7, 2013, 4:34pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597/3 "2013-02-07T16:34:50Z")
> [@Omar\_Little](#): > > Do you have a copy or an original of the contract? Nope. Wife and I were separated for 12 years before the divorce. ---
**Author:** ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)\ **Post date:** [February 7, 2013, 4:47pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597/4 "2013-02-07T16:47:24Z")
Looks like a “statute of frauds” type issue. Certain types of agreements (like those concerning land) must be evidenced by a physical contract - in some places: > **[Statute of frauds](https://en.wikipedia.org/wiki/Statute_of_frauds)** > > A statute of frauds is a form of statute requiring that certain kinds of contracts be memorialized in writing, signed by the party against whom they are to be enforced, with sufficient content to evidence the contract.\[a\] > The term statute of frauds comes from the Statute of Frauds, an act of the Parliament of England (29 Chas. 2 c. 3) passed in 1677 (authored by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins and passed by the Cavalier Parliament), the l... Look to the laws in your particular jurisdiction - but it seems to me that no-one is saying in this case that a written contract doesn’t (or didn’t) exist, just that they can’t find it. So presumably if under oath your wife (and you) would have to admit it exists. Admitting it exists negates the defence in some places (like under the US UCC). That being the case, the contract would presumably still be enforceable, if the UCC applies. BTW, this isn’t in any way shape or form legal advice. 😃 ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [February 7, 2013, 4:55pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597/5 "2013-02-07T16:55:14Z")
> [@Malthus](#): > > BTW, this isn’t in any way shape or form legal advice. 😃 Understood, just thinking about this while I await my attorney’s call.🙂 Thing is,I do not remember a thing about the specifics of the contract. It’s been over a decade since I’ve set foot in the home. The plaintiffs are loony-tunes (my lawyer’s phrase). Worst case scenario, I could sue my ex per my divorce decree, but her only asset is alimony.☹ ---
**Author:** ![Mama\_Zappa](https://avatars.discourse-cdn.com/v4/letter/m/71e660/32.png) [@Mama\_Zappa](https://boards.straightdope.com/u/Mama_Zappa)\ **Post date:** [February 7, 2013, 6:48pm UTC](https://boards.straightdope.com/t/legal-q-absence-of-a-signed-contract/649597/6 "2013-02-07T18:48:45Z")
They may have a hard time enforcing it if they can’t find the paperwork. Doesn’t stop 'em from trying, however. I don’t know much (where “much” = “anydamnthingatall”) about land contracts but I do know that for a regular mortgage, if you are a signatory to it and you don’t require the spouse to refinance as a term of the divorce, then you’re still on the hook. The mortgage company doesn’t know or care that you gave the ex the house. You can’t sign away their rights. So, your credit can be trashed, they can go after you for the deficiency (if the house is foreclosed, sells for less than the mortgage balance, and you live in a recourse state).