Legal Question in Real Estate Law in New York

Generally, the name on the deed determines ownership and ability to sell. I would need additional information regarding what contribution, if any, your sister made to the purchase of the home.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Technically, if the deed is in your name only, you have the right to sell the house without your sister.

However, if you sister contributed to the house, payment of loans, taxes,etc. And if the understanding between you and your sister was joint ownership of the house (as evidenced by the contract of sale), even if the house is only under your name your sister may have a claim for a constructive trust. Therefore, your attempted sale may cause your sister to initiate a lawsuit for injunctive relief.

Mike.