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Estoppel Question Advise Needed

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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 ?

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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
woof
you are right
I was much slower than others to realise that the money spent £15k
wasnt hers - but someone else's - and so.... here is no detriment and no right resulting from it.

Money was spent and I spent the money
can be two different things
and I was slow on the uptake on that one

still the lawyers cited some interesting cases to read [Cobbe v Yeoman's Row)
Question Author
Ok looks,like I'm stuffed
Hardly. You've been offered a lot of other options to take, which is actually what most people do. You may still get your free house, but through a housing association.
Question Author
If I keep persisting will it go to trial
I hope not. It sounds incredibly unfair to these people that have bought their house.
Question Author
Can go to trial if I persist
Youve got his kids & Inlaws g'kids. Get an independant home thru council for you & kids with all the welfare going. Then bar your home to the inlaws & you call ALL the shots. The CAB will fix it, good luck.
Question Author
If the court says it needs to go to trial what does that mean
The case will be hugely expensive; you, ex & inlaws will be cross questioned by barristers & judge will decide. You should not instigate a case due to costs. Sit tight till you get housed by council.
Question Author
In that case when they get cross examined I may have a chance
Question Author
Well that's what I m gng for the judge believes me and gives me relief
As soon as the 'other' side say to the judge and it will be quicker than 289 q and answers in this thread: 'we dont know what she is talking about, the fifteen kay wasnt her money so no right is made and she knows that '
then the gavel comes down (for them)


Getting a judge to believe something which isnt true - look you havent been able to do that here - which we might call 'lying' is a really really high rish activity where all sort of nasty things happen when they find out the truth.
Dont go there ! You're better off doing that to a housing department


and they're open this morning CABs - you can spend your time usefully by going to see them.



This is about the law & 'tied' houses in Scotland, it has help advice & court procedure.

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/going_to_court_for_eviction
Don't hang about on here any more, Tiger, get down to the CAB this morning. It's pretty clear now that your chances of living rent free in someone else's house are zilch. I've spent money on rented premises to improve them, you don't get anything back in the end - your rent was zero but it's the same situation.

You've been damned lucky to live rent and mortgage free for 15 years - you are now in a completely different situation. Unless you can magic £13,000 out of nowhere to pay the anticipated legal fees to fight your ex-inlaws (and if you can, what effect will owing that sort of money have on you and your kids' lives for the next few years) then stop now - just go and find somewhere else to live.

You can't be told more clearly than that, surely - you are just grasping at straws now, it's such a flimsy story that it might not even get before a judge.
Question Author
Final q if to goes to trial then what does that mean the courts thnk I have a chance
Question Author
If things go to trial wht does that mean?
Read my link - eviction can be delayed till you have other accommodation
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My question is if the county court thinks it needs to got to trial to they the
courts think I have a chance
The only place you should go to is a CAB or housing association
Question Author
Please can you answer the question about why will the case go to trial or do al. Cases go to trial

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