Legal Question in Family Law in Massachusetts

Sister Rift

My sister and 3 kids lived with my husband, me and 2 kids . We built a house together. She gave us money. she is not on deed or anything. we have covered all expenses, taxes etc. This was a verbal 10yr commitment. She has since moved out and is demanding all $$ plus more back. She wants $$ for taking care of kids for 4 years while we worked FT. We have supported her for years and payed mortgage etc. do we have to pay her the total $$ she contributed or can we take out our expenses for supporting her. Nothing is signed.


Asked on 12/07/06, 3:03 pm

1 Answer from Attorneys

Jerome Aaron Law office of Jerome L. Aaron

Re: Sister Rift

I'm sorry to tell you this, but you probably already know it. What you have here is an absolute train wreck. If anyone else is reading this, please be advised that whenever you do something like this, you really need a written agreement. Period.

But you don't have one. So............ The legal lines are very blurry here are to what either of you can get back. My advice is to sit in front of your computer; open up Microsoft Xcell, and make a spreadsheet of all the moneys each of you contributed. Take a look at it when you're done and try to see if there's a way to settle out the numbers. You may want to wash out the "I supported you, but you babysat for me," and concentrate on the other numbers, like the big monetary contributions for mortgage and down payment. The fact that she is not on the title creates a whole world of complication. She could have an equity suit against you to establish a "constructive trust." You are looking at years in court and possibly more money on legal fees than you have invested in your house. Tell her that and then sit down with a pot of coffee and settle it. I'm not kidding.

If you came into my office, I would immediately be looking for $10,000 - $20,000 as a retainer because of how bad a mess this is.

By the way, when you settle up with her, put it in writing. Each of you should waive all claims against the other. Good luck.

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Answered on 12/07/06, 3:51 pm


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