Legal Articles

Contract Writings: Statute of Frauds Waiver

The Statute of Frauds requires that certain contracts be in writing to be enforceable or entertained. Generally, the Statute of Frauds in Missouri applies to (1) agreements not to be performed within a year, (2) contracts involving land, and (3) marriage. Section 432.010, RSMo. There are a few ways to circumvent the writing requirement, such…

Oral Partnership Agreements

It is important to get it in writing, especially when it comes to business ventures. Contrary to popular belief, it is possible for a business partnership to exist without a writing saying so. If a court determines that a partnership exists, then this means that the partners owe each other a host of fiduciary duties….

Oral Gifts of Real Estate

In general, one obtains title and ownership of real property by deed in Missouri (e.g., quitclaim deed, general warranty deed, beneficiary deed, special warranty deed, trustee deed, etc.). There are situations, however, when one can obtain title to real property without a traditional deed . Adverse possession is a prominent example of this. Another less…

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