Property deeded to sister,agreement to transfer

[Inkler]

Hi,Our Parents gave Me a Property in Indiana 3 years ago,at the time I had collectors on me for bills I couldn't pay at the time-My Sister agreed to have Property put in Her name,but we both signed an agreement and had it notarized,now I am trying to get Deed transfered as per Our agreement and She is refusing.I realize I can hire a Lawyer and pursue contract agreement but I have also been told there is a way for Me to get ownership easier due to the fact I have been paying the property taxes,insurance,and maintaining the Property all along.is this true and what is this action called?
thank you in advance for any advice or input on this matter.

 

[seniorjudge]

So you are wanting to go into court and ask the judge to enforce an agreement to defraud creditors!?

Good luck with that!

 

[Inkler]

I am not trying to defraud anyone-not sure where you got that from-creditors are all paid now-no - i am trying to get my property back from my sister.as i have a signed and notarized aggreement stating that she will transfer deed back to me at anytime as long as i paid the property taxes and insurance.my question was-since i have paid the taxes and insurance all along,isn't there a way for me to get the deed in my name without going through court to enforce our agreement?

 

[seniorjudge]

Okay, I'll take your word for it that all your creditors are paid.

NOW

Q: isn't there a way for me to get the deed in my name without going through court to enforce our agreement?

A: No. In fact, enforcing an unrecorded agreement that goes against what the deed says will be very hard.

 

[lwpat]

SJ is correct but it is not impossible. It all depends on state law and you will have to take her to court. That is your only option. Hire an attorney and let him make the demand to enforce the agreement.