Estoppel 2

[Tiger786]

Just a quick update
Sat with my solicitor today to prepare my defense he seems to think any money my ex husband spent is taken as both as I was looking at decree absolute
I did not understand this bit
Any property which or an interest in which is devised to the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appeases in the will.

[jackthehat]

It will be easier for your in-laws to show there was no promise than it will for you to prove that there was.

[boxtops]

I would have thought that's easy enough to prove, Tiger - there is nothing in writing, your and your ex's names are not on the deeds, the house was never given to you. You can't prove they promised this verbally. Give it up, before you bankrupt yourself.

[Tiger786]

Oh god that bad my case

[EDDIE51]

Tiger your last answer makes no sense at all I can't understand a word of it.

[Tiger786]

Witness statement

[Tiger786]

I mean to say my case is that bad it will be easier from my inlaws to prove

[EDDIE51]

Tiger yes your case IS that bad, it has no chance.

[jackthehat]

Even if you can prove that they made a promise, I say, again, it was made to their son *and his wife*........they did nothing to action this gift and now your are no longer his wife.

[Tiger786]

The attractiveness of proprietary estoppel is not undermined, but rather enhanced, by the wide discretion of the Court as to the choice of appropriate remedy (proprietary or personal), which makes it a particularly appropriate and sensitive tool for achieving justice."
http://www.familylawweek.co.uk/site.aspx?i=ed32401

[jackthehat]

Cut and paste all you like.....it doesn't alter the basic facts of the matter; you have *no* case.

[boxtops]

Your witness is a family friend, we said on the other thread that this will not hold up. It's only his word against your ex in-laws and your husband. Please don't go over all this again - we have already been through this on the other thread.

[Tiger786]

Ok your saying when the promise was made we where husband and wife know we are divorced the promise does not exist

[factor-fiction]

I think you have to prove your case though before remedies are relevant

[Tiger786]

But they promised the house to my kids also

[boxtops]

"Ok your saying when the promise was made we where husband and wife know we are divorced the promise does not exist "

Yes, this is exactly what we are saying.

[jackthehat]

Yes.
But it is not the sort of thing that can be covered by a divorce, either. Your husband did not have possession of the house (i.e. it hadn't been gifted) and therefore you don't have your half of the house (as half of a married couple) as it was never yours, and you can't claim any part of his as his parents hadn't gifted it to him, either.

[factor-fiction]

It was at best a share, not the full house wasn't it. Even if they had said they planned to leave it to you or your kids in their will they could change their will People often change their wills.

[jackthehat]

In the fullness of time, they may well leave their house to your children......but they don't have to leave any part of it to *you*.

[Tiger786]

Let me sleep on all this info thnxs your tiger

[Tiger786]

But you guys read some cases on estoppel and see if I have a chance