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

UPDATED: Oct 11, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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.

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