Legal Question in Real Estate Law in Louisiana
Deed to property
my mother and sister live in a home that was bought with my mothers money. the deed to the house is in my sister's name. my mother wants the house deed put in her name but my sister refuses. does my mother have any legal recourse to take since she bought the house with her money even though the deed to the house is in my sisters name?
thank you for any help.
1 Answer from Attorneys
Re: Deed to property
I'm afraid the news is not very good on the limited facts presented. If in fact your mother paid the cash for the property, but there is no written documentation stating that the property was being purchased by your sister on your mother's behalf (such as a counter letter), it is not likely that anything could be done to force your sister to convey the property back to your mother. You might argue that the funds were a loan to your sister, in which case your mother might be able to argue that your sister is responsible for paying the loan back. The other side of that coin is that your sister will likely argue it was a gift from her mother, and that may be a difficult presumption to overcome. After all it would not be unusual for a parent to give a child funds to purchase a home. When you couple this with the apparent fact that your sister is living with your mother and arguably taking care of her to some extent, the basis for this "gift" becomes more plausible. Those circumstances might change depending upon the amount of the "gift," but in any event, it seems like you will have an uphill (and possibly costly) battle if you have to hire an attorney to attempt to recover these funds.