Without any legal help 2 years ago my husband bought out his sister of their childhood home.She never paid her half of property taxes, or any financial responsibilities on the home. We loaned her 7 thousand for down payment of her home several years earlier and 2 thousand for down payment of her car.We did not deduct any of this money when we bought her out. Can any of this money be recovered?
2 Answers from Attorneys
Re: Real Property
If they were truly loans, legally yes, but since you apparently have no paperwork, it might be hard to prove if you take her to court. If she doesn't contest the suit you would get a judgment. She could raise as a defense the statute of limitations, which requires suits like this to be brought within 3 years of the time repayment was due, or the debt was acknowledged.
If you want to purse it go to the District Court of MD in your county and fill out a civil complaint form, asking the clerk for instructions.
Re: Real Property
The real property matter (a.k.a. buy out) rests on beneficial or equitable title and may include matters of probate.
You present two legal issues. The second matter of a loan to purchase other real estate can also be recovered.
Based on the facts described a recovery on either matter is likely. Contact me to discuss.
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