Legal Question in Intellectual Property in Massachusetts

ownership of family home

My sister and I each owned half of the family homestead. She asked me if we could give a third ownership to her boyfriend and I reluctantly agreed. I became heavily involved with drugs and was not not in my right mind, not thinking clearly, not keeping up with taxes and the bills. My brother-in-law took advantage of my muddled state of mind and paid me $13,000 for my third of what is a 250,000 home. He claims I wrote him notes asking him to buy and that he has kept the notes. We also were supposedly to have gone to his lawyer to sign the papers. I have little or no memory of the notes or the visit to the lawyer. I was too drugged to know what I was doing...

I know this might be a long-shot but is there any legal way at all I can fight to get my house back? I thought I would write and asked.

Many thanks--

Leo


Asked on 3/25/08, 2:29 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: ownership of family home

You have a case in equity. It will not be easy, and you will have to find some funds to assist your attorney.

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Answered on 3/25/08, 2:47 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: ownership of family home

A long shot is probably right, but perhaps your claim is not impossible. Your case is probably strongest if there are actually NO written documents evidencing the property transfer from you to him. You would have a "statute of frauds" defense to his claim to the property, also perhaps colored by the the allegations of undue duress and manipulation of a person with a mental state compromised (and disabled) by a medical condition.

If the property WAS actually transferred from you to him in writing, you still have the duress/manipulation defense, but prevailing would likely be far more difficult.

See if he will disclose or give you copies of the written evidence he claims effectuated the transfer. (And, if what it says). Depending on whether any such paper exists (and, if so, what it says), you can evaluate your claims from there.

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Answered on 3/25/08, 2:55 pm


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