Legal Question in Real Estate Law in Massachusetts

If I gift my sister $10,000 to buy a home without any conditions for repayment, and then she chooses to give me back my money of her own free will at a later time, is the original $10,000 still consider a gift? Are there any legal ramifications?


Asked on 3/24/10, 1:08 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

We will have to take this one step at a time.

First, if the first transfer of $10,000 was intended as a gift, and there were no terms of repayment discussed, then there is no legal obligation to repay this sum.

When your sister gave you $10,000, she may have intended it as repayment for the money you transferred to her. There is no need to guess at whether it is a gift, a new loan, or the repayment of a loan. What was discussed between the two of you? Just because you didn't write it down doesn't mean there isn't evidence of the intention of the parties.

If you would like, come in for a consultation and I can help you unravel the rights of the parties.

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Answered on 3/29/10, 1:18 pm


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