Legal Question in Real Estate Law in New York
Hello, I live in the state and city of New York. My sister, my brother, my husband and i all bought a house in 11/04 and all agreed to split everything 4 ways. We got the mortgage under his name, because he had the best credit score. My husband and I have paid 50% of all the bills and mortgage since 11/2004. We were never added to the deed and now he doesn't want to add us to the deed. Can we sue my brother or do something to either get put on the deed or get the money back that I invested in this house? Any help will be very much appreciated. Thank you
1 Answer from Attorneys
Yes. You would have to sue for a constructive trust and partition.
There are four requirements for the imposition of a constructive trust: (1) a confidential or fiduciary relation, (2) a promise, (3) a transfer in reliance on the promise, and (4) unjust enrichment.
In your question there is a confidential / fiduciary relation within your immediate family. There was a promise (split everything 4 ways). You spent the money in reliance on the promise and, as a result, the individual that is on the deed unjustly receives the benefit.
A partition is where you divide and sell real estate so each individual owner receives his or her percentage of money.
If you want to discuss further feel free to telephone.
Mike.
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