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

UPDATED: Aug 22, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Mark Siegel / Law Office of Mark A. Siegel

Answered 10 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.   

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption