Home Sweet Home? I'll Sue You For It

Spring is here and litigation is in the air. What are people suing each other about? Mostly houses.

-Divorcing couples fighting over who gets the family home or how to divide the equity

-Grandchildren suing their uncle over a house he “unfairly” inherited from their grandmother

-An estate suing the deceased’s unmarried partner over a home they bought together

-Siblings who inherited a house who disagree on whether to keep it in the family or sell it

-First-time home buyers suing the seller over undisclosed water damage and toxic mold

-A bankruptcy trustee suing a debtor who put their house into a trust

-Parents suing a child over a joint home purchase gone bad

-And more

It’s not surprising. A homestead--the house and the surrounding land--is most peoples’ largest asset, making it a big target for feuding families, disgruntled heirs, divorcing couples, unpaid creditors, warring neighbors, and bankruptcy trustees. A home is where a family's generational wealth has accumulated, and it’s where the heart is, as they say. Some people find it hard to let go of a home for sentimental reasons; they'll fight hard to keep the house in the family. Others seem heartless: they just want the money.

None of these cases is simple. They each have their own unique facts, history, and emotional challenges.

The good news is, most of these cases will be resolved through negotiation or mediation. But not all of them.

As a mediator, I can see a path to resolution in even the most contentious cases, but sometimes the parties can't find the path and those cases end up in litigation. That’s okay. I do litigation, too. More of it lately than usual. I encourage my clients to engage in early mediation to try to resolve their dispute before going to court, but if mediation won't work, we litigate. Despite all the bad things people say about it, litigation is still an effective dispute-resolution process.

Granted, litigation doesn’t always lead to the best outcome for either party, and it's time-consuming and expensive, but it provides a backstop for parties who can’t figure out a better solution. You can't decide for yourself, so a judge decides for you.

If you need advice or representation regarding a real estate dispute, including disputes involving family members, co-owners, neighbors, or buyers and sellers, we are available to help. Call us at (206) 420-2466 or email westwoodlawoffice@gmail.com to schedule a consultation.

This blog is intended for informational purposes only and does not constitute legal advice or an offer of representation. No attorney-client relationship is intended or created by this article. If you wish to obtain legal representation, please contact Westwood Pacific Law PLLC at (206) 420-2466 or westwoodlawoffice@gmail.com.