Donate SIGN UP

Estoppel Question Advise Needed

Avatar Image
Tiger7861 | 13:06 Thu 16th Jan 2014 | Law
607 Answers
Me and my partner live in my parents house for 15 years now they want me out in the past on numerous occasions they have promised me and my partner the house but nothing on paper
The deeds are in there name and we have never paid any rent or mortgage but we have spent money on the property over 10 years about 15k . Do I have any chance of keeping the house or staying here we have 2 children the solicitor had advised me of estoppel saying that you parents have broken there promise?Additional DetailsI forgot to mention me and my husband are separated know he is saying that no promise was made I have a witness to the promise but we did apply for local housing housing register waiting for a house will that have any significance ?
As the landlords are saying one of the conditions of staying there was that you stay on the hosing register.
In other words we did not reply to our detriment can this act bee taken like this ?

Answers

181 to 200 of 607rss feed

First Previous 7 8 9 10 11 12 13 Next Last

Avatar Image
Exactly, Tiger - you sort it out before you divorce, to prevent all this dirt being dished afterwards. Read what you've pasted: you will lose important rights to make any claims on property or finances. The property doesn't belong to your ex, so you can't claim from him. You haven't divorced your in-laws, they are nothing to do with it. They've been more than...
23:03 Thu 16th Jan 2014
Question Author
Is not the financial part separate to the actual divorce child,contact is
EDDIE that is an interesting thought....
No - it's all part and parcel of the same thing as far as assets are concerned.

Arrangements for the children (payments etc) may be separate, I've no experience of that, only of dividing up assets on divorcing.
Question Author
Summary of all the info
Even though I was promised
Spent money on the house making it modern and liveable
Admitted paying no rent and mortgage
Loved there for 15 years
Have children
Have a witness
Got a gift as a house
At the end get nothing
Because the deeds where not signed over.
There you go then - got nothing. Who paid for the 'work' you did on the house, did you contribute anything financially?
Question Author
Yes I did abt 6k
You forgot from our summary - have a child with ADHD, divorced from the son of the people who actually own the house.
Question Author
That was 15 years ago
That's about it, from what the legal people on here are saying.

What you spent on the house is no more than any of us would,to keep our home well maintained and up to date.

You didn't have the house as a gift, the generosity of your in-laws was to let you live there rent free all those years (thereby depriving themselves of substantial rental income)

IMO you've been luckier than most to have had that opportunity to have paid nothing for your housing for all that time.
That equates to £9.62 1/5 a week, hardly extortionate 'rent'.
Question Author
But I invested my time in the house looking after children cleaning painting etc.
Looking after your children and cooking for them does not add to the value of a house, grasping at straws now.
Tiger, what does your ex do for a living?
All of us do that, that's nothing exceptional, you'd have done that wherever you were living. It doesn't give us squatters' rights.
I've got five kids and I look after them and pay rent, by your reasoning my landlord should give me this house and probably pay for a damn good holiday too.
Question Author
He works as a sales assistant
Question Author
My solicitor also told me in domestic issues estoppel is not difficult to prove because this scenario can happen you,get married and gifts get given but now we r divorced umm not sure
Well as it just seems to be going round in circles here maybe you should go back to your solicitor.
Question Author
From a solicitors web site
'Why should property and financial matters be dealt with before a Decree Absolute is granted?

You may lose certain rights, for example pension rights, if a Decree Absolute is obtained and financial matters have not been dealt with.

If you are the Respondent and you do not in the course of Divorce proceedings make an application for property or finances and then remarry after Decree Absolute, you will lose important rights to make any claims on property or finances.

A Decree Absolute only dissolves the marriage. It does not stop financial claims being made by your ex-spouse

If there is no Clean Break Order (where property and financial claims are dismissed) and you were to receive a large financial sum through, say, inheritance or a lottery win, your ex-husband/wife may still be entitled to make a claim against that sum, even if you are divorced. We therefore advise you to obtain legal advice from one of our matrimonial lawyers about financial matters in relation to your separation / divorce / judicial separation.
It's NOT a gift though - it was a verbal statement with no written evidence, no change of ownership, and the circumstances have changed completely since the alleged statement was made. Unless you are willing to spend shedloads on legal fees, I'd do as suggested and go and find other accommodation. You've done very well out of the arrangement to date, very well indeed, IMO.

181 to 200 of 607rss feed

First Previous 7 8 9 10 11 12 13 Next Last

Related Questions

Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.