Legal Question in Real Estate Law in Illinois

Have owned and lived in my house, worth about $180,000 for past 16 years and up until 2 years ago I was paying mortgage in amount of about $30,000.2 years ago I though it would be a good idea to have my sister sell her house and move in with me, she sold her house and paid the rest of $30,000 mortgage with some of her house sale, the rest she was able to put in her savings account. The understanding was the savings would be for both of our retirement and I added her to the tiltle on my house. Well things are not working out, we can not live together and I mentioned we need to sell the house and not live together anymore. She says she gets 50% of home sale. Even though she only paid $30,000 towards my house 2 years ago is she still entitled to half the home. Do I have any recourse to pay her back the $30,000 she paid towards house and get her off title?


Asked on 11/16/10, 12:21 pm

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I do beleive that you are entitled to some relief. However, your situation is a bit too complex for this forum. Contact a local attorney who is familiar with constructive trusts.

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Answered on 11/22/10, 7:18 am

Oh boy. So you put her on title to your house, but she put the net proceeds of her sale after paying off YOUR mortgage in HER own savings account, and you two have been handling things HOW ever since? And nothing else is in writing? I think you ought to take EVERYTHING related to this situation, including all the bills for the house you and she now own together, to a real estate/litigation attorney. While she shouldn't have it all her way, based on the facts you have not protected yourself. I hope there is more to this story that can show the arrangement was more than the little documentation you say there is. Even scribbled notes on cocktail napkins may help if any are in her handwriting. OR, tell us you do have more, that can document the original arrangement....Or, it's time that she agreed to split her account too, OR it's time for you two to make up which, based on the little you have given us, may in fact be what she's looking for -- something like an UNWRITTEN apology for something. But don't do anything before laying it all out with an attorney, dicreetly.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/22/10, 7:25 am
Charles Dobra Charles Wm. Dobra, Ltd.

I generally agree with my brother Stephen. You are in a pickle here, and you will probably end up litigating the situation to gain a resolution, which I feel is too bad given the sibling relationship. I noticed that you are in Plainfield, so you will have to file a law suit in Will County. I wish you luck in the resolution of this very tough problem.

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Answered on 11/22/10, 8:30 am


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