Legal Question in Real Estate Law in New York
Deadbeat relative living in house
I live in a house my father left me. I insisted, on his deathbed, that he sign the house over to my older sister and myself, so her name is on the deed. I thought I was doing the right thing, since she is the oldest. I maintain the house and pay all the bills, taxes, utilities, upkeep, etc... My sister moved in twice over the years after having been evicted from her own dwellings. Now I see why. Getting her to help pay bills on a regular basis is an ongoing battle. Do I have any legal recourse as far as making her leave? Can a document be drawn up for her to sign stating that she must agree to pay a specific amount per month and sign the document or failure to sign/pay indicates her unwillingness to contribute her fair share and thus invalidates any claim she may have in the property?
2 Answers from Attorneys
Re: Deadbeat relative living in house
You can not kick her out but you can enter into any agreement that you both agree to(for a legal purpose).
You prob should sell and make a claim for the extra $$$ you have put into the house upkeep, etc.
If she refuses to sell, you will need to bring a partition action.
Re: Deadbeat relative living in house
- no good deed goes unpunished -
Your Sister's share and interest in your "heirship" property cannot be "invalidated," merely due her failure to pay bills and maintenance costs.
Suggest that you consider paying your sister money, for her to transfer her share and interest in the property over to you, by DEED.
Then, when she "visits" as a guest, you can ask her to leave at any time.
Good luck,
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