Can I sue my sister, after she lostour inherited homedue to non-payment of an equity line of credit?

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Can I sue my sister, after she lostour inherited homedue to non-payment of an equity line of credit?

My parents left my sister and I a free and clear title home. We each owned half. My sister wanted to live there so I was to have sold my half of the house to her and she would have paid me through a home equity line of credit. We both took it out but she never did pay me. She received the cash and she never paid the payment either, thus losing our parent’s home.

Asked on October 11, 2010 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with an attorney because you may have a cause of action under one or more theories:

1) If you had an agreement for her to pay you a certain amount and she did not, they may constitute breach of contract.

2) If you had an agreement that she would take certain actions towards buying the home from you and she did not, you may again have a breach of contract claim.

3) Similarly, if she was receiving any consideration or benefit--such as living there--but did not hold up her end of the bargain relating to anything she should do for living there, that also might be beach of contract.

4) Even without a contract or agreement as above, if she assumed certain duties or obligations in relation to the home and failed in them, she might be liable under a negligence theory.

It would be worth consulting with an attorney who would evaluate the specifics of your situation and advise you as to the recourse you would have. Good luck.


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