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.

[boxtops]

a) it's not your house, your name is not on the deeds
b) it's not your ex-husband's house, his name is not on the deeds
c) as we've said before, any consideration about where you and the children were going to live would have been part of the divorce settlement about property IF you had jointly owned the house. You didn't, so it wasn't allowed for - you just lived there, due to the goodness of your ex-inlaws. You have no rights to the house or any part of it.

[EDDIE51]

Tiger, stop asking the same question over and over again and then just ignoring the answer! It is not going to change.
You have NO right to even continue to live in the house, you will NEVER get a right to live there or ever get given any part of it.
Please ! just do as I told you days ago and get down to your local council housing office , the one you are already registered at, show them the eviction notice and register your claim for emergency priority rehousing.
If you continue to just stay in the house then the house owners can get bailiffs to force eviction , if this happens you will get the bill for them which will be in the £100s.

[Tiger786]

I just getting confused with mix opinions about this

[boxtops]

You're paying your solicitor - that might have something to do with it. All the good advice you've had on here from qualified people who know the law very well, or other people who understand your situation, has been free, and they've all been telling you the same thing. Think about it.

[EDDIE51]

Yes, what mixed opinions, we are all saying the same.
You obviously have a problem in understanding English (I assume it is not your 1st language)
You have no rights at all over the house, you will never own any part of it, you can not stay in it. Any promise about the house made during the marriage was cancelled , void, stopped, died on the day your divorce was made final (the day of the degree absolute)
I can not see anyway to make this more clear!

[boxtops]

I think, Eddie, that Tiger is saying that we are giving one consistent reply - loud and clear - but her solicitor is still saying all is not lost. I don't know why they would say that, but perhaps that what she means by mixed opinions.

[EDDIE51]

tiger just ask your solicitor to explain in very simple words why he thinks you have a chance. All of us on here think you have no chance at all.

[Peter Pedant]

I dont see any mixed opinions.
We all say you should ask your solicitor what it is, that he means.
He after all is the one that wrote it. Ask him.

[society]

Eddie, I think you might be right about the lack of understanding English on Tiger's part. That was my impression too.

Tiger's attorney or counsel might be telling her what she wants to hear so they could make a profit off of her, and probably she's so confused and focused on getting the house, she does not know where to begin with questions to them.

[tamborine]

Tiger are you asian & did you move into inlaws home, as is cultural in asian marriages ?

[Peter Pedant]

Our glorious legal system (common law) is an imperial legacy
and forms the basis of both the Indian and Pakistani legal systems.

so it would be the same type of law for any Asian

This branch of equity would be present. Oddly enough I know more about the Mauritian legal system (only napoleonic code in the british empire) and Rhodesian Landlaw (Roman Dutch) but it would be the same for anyone from our glorious ex-Indian Empire. Where Tiger came from is secondary and doesnt affect the land law we are taking about - in England

The position in law has been stated many times in this thread.

[Tiger786]

Yes i am Asian what is ancillary relief will that not cover this house

[EDDIE51]

Ancillary relief is concerned with money NOT property
http://en.wikipedia.org/wiki/Ancillary_relief
It has nothing to do with the house.

[Tiger786]

The court can order lump sum payments, property adjustment orders (e.g. requiring a property is transferred into the ownership of a husband or wife), periodical payments (known as 'maintenance') and (from 2000) pension sharing orders.

[FredPuli43]

Tiger the court in a divorce can't order the transfer of a house which neither the husband or wife owns. Neither of you owned the house. Any promise as to it becoming yours was on the basis that you were both married when the time came; you surely don't think a court would interpret the promise as meaning that you, yourself, should get it or any share in it when you were divorced ? The promise was to provide a matrimonial home for a couple, not a home for one or two divorced people.

[EDDIE51]

Tiger that is only if your husband had owned the house, he did not own it, it can not be transferred to you.

[tamborine]

If you have more than £16k savings you wont qualify for council house. Let the inlaws take you to court, if you loose your money u will qualify for HA home. Either way, you gain a home. The judge may not want to burden tax payers & find in your favour. I hope so, good luck ;)

https://www.gov.uk/housing-benefit/eligibility

[boxtops]

Tiger, you keep quoting extracts from things you've read about various Orders - these are about money, not this house. The extracts you find don't relate to your circumstances at all. Please believe the good people who are giving you advice on here.

[Tiger786]

So tambo you thnk I. Should stay put