Can I sue my sister for kicking me out of the house we both lived in together but is under only her name?

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Can I sue my sister for kicking me out of the house we both lived in together but is under only her name?

About 6 years ago, my sister, her husband, my husband and I bought a house. Since we trust in her, we never made any legal paper so the house is only under her name. A year ago, we decided to stop paying the mortgage in order to qualify for a modification program. However,we also agreed to keep paying the same amount we did for the mortgage and put it in the bank for futures expenses. The relationship between my sister, her husband and us had been deteriorating and now they want to keep the house for themselves; they are trying to take us out of the house and they don’t want to give us the money we put in.

Asked on August 22, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

If you contributed monies toward the purchase price of the house, made payments toward the monthly mortgage for 5 years & made contributions toward the maintenance & upkeep of the house, you may have legal claims against your sister. Only the court can decide your legal rights under the facts & circumstances of your particular case.

Since you've also indicated that your sister & her husband are attempting to remove you & your husband from the house, you should seriously consider immediately consulting with an attorney who practices in this area of law & having the attorney review all of the relevant documentation in connection with the property & the contributions you've made toward it over the years. In addition to looking into whether you have legal claims which may asserted, you may also need counsel to represent you, if your sister (as sole title owner of the property) starts an eviction proceeding to legally remove you & your husband from the house.   


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