Q: For multiple home ownership lawsuits, does the court make an award factoring in the lack of financial help by co owner?
My sister is currently suing me for 22% ownership rights for a 1988 deed, conveying her rights without her knowledge. If she prevails will the court adjust her award by factoring in her failure to make any contributions to the home expenses since she moved away in 1988? Also, she lived in my home from 2015-2020, was evicted in December, 2019, signed a Stipulation of Settlement to vacate May 31, 2020 and now claiming ownership under Fraudulent conveyance. Does this make any sense?
A: Not necessarily. If you are being sued for "partition", a filing for an accounting is also often sought. That does not automatically mean you are entitled to contribution towards expenses... especially if you benefitted from exclusive use and control of property during that time. In addition, there are Statutes of Limitations that prevent claims that date back too far. If you have been sued for partitition, give serious consideration to retaining an attorney to defend your interests.
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