Estoppel Question Advise Needed

[Tiger7861]

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 ?

[VHG]

They can leave the house to you in their will. Then when the second of them dies the house will be yours.

But I am afraid a verbal "promise" to leave the house to you will not mean anything in a British court (after all you could have made that up and nobody can prove it after both parents have died).

And even if a person DID make a promise at one time to leave the house to you everyone is entitled to change their mind.

Why does your ex-husband say no promise was made - what has it got to do with him now you are separated, or is he just being nasty?

[bednobs]

I'm sorry i don't know the legal bit. However, have you considered that trying to cling on by your fingernails in a house where you are not wanted by your own parents is a bit futile and ultimately (whether the law can help you or not) will end in tears? I wonder if a court might also consider that the money you have put in equates to around £100 a month for 4 of you? which is way lower that you would have had to pay in mortgage or rent elsewhere?
I can't really see how this is to your detriment, seeing as you have saved so much money over the years. However, as i have said that is not a legal answer.
If you have a solicitor, why aren't you asking htem?

[Tiger7861]

Chose male by accident I am talking about proprietry estoppel

[bednobs]

ok, so could you tell me how this arragement has been to your detriment?

[Tiger7861]

Yes when I was married I was given this house as wedding gift nothing in writing just verbal we spent about 15k decorating the house that's the detriment im talking about because of the promise I also have a witness to the promise i am asking for the deeds I'm my name or a beneficial interest or staying there for free for life

[bednobs]

i still dont get it - you have saved (depending on where you actually live) about 5x the amount you have spent by not having to pay rent.
doesn't a dteriment have to come about because of your reliance on the gift?
But once more, i am not a lawyer, and if you are paying for a solicitors advice, them ask them

[Tiger7861]

Yes it does, that's what I am claiming for reliance of the gift hence the detriment. My solicitor says you have a good chance at winning as in domestic situations promises are always made

[bednobs]

well then why are you asking here - if someone said "no, you have no chance" would you take a random internet starnger's advice over advice you are actually paying a professional for?
I still don't get what your actual detriment is?

[Tiger7861]

When we talk about free rent they offered me that as they wanted no money from me very kind of them but know I want the gift they promised I have been relying on this for users to my detriment

[Tiger7861]

Actual detriment is in 15 years could have had my own house but was told don't get one you can have this one

[bednobs]

so what is your detriment that has come about by relying on this gift? What would you have done differently if they had not promised it?

[bednobs]

how would you have bought a house in 15 years? Sorry, i am finding this a bit difficult to follow? if you had the money to buy a house in 15 years, where is that money now?

[Tiger7861]

Bought my own house which I am unable to do as I have spent money on this house

[Peter Pedant]

I have no idea why you are asking us when the solicitor has given you good advice.

The promise is; we will leave you the house
the detriment is: that you spent money on the house instead of yourself or on getting another different house

and so the [proprietary ] estoppel exists and operates so as to
prevent you being chucjed out of the house and the house sold
so long as you occupy it


and so Tiger you have asked a solicitor what he thinks
and now you are asking us - a group of log-ins - whether your solicitor is right or not.

yes he is right.....


and all the people here earnestly giving you advice have no idea at all
what proprietary estoppel is .....

[New Judge]

Where would you have bought a house for the £15k you say you have spent on this one?

The issue of "estoppel" is complex but I think one of the principles that have to exist before it can apply is that I believe there has to be a pre-existing contract or legal obligation. From what you say, unless you can prove a verbal contract existed, you may be struggling. But if your solicitor thinks you have a good chance of success (and he obviously knows more about the circumstances than we do) I don't really think I can provide a better answer.

[bednobs]

oi PP who are you calling a log-in?

[woofgang]

i was thinking that too. 15,000 to spend on staying housed over 15 years is not a lot of money. if you had bought a house, or rented, it would have cost you much much more. i thought that estoppel only existed where the plaintiff had relied in the promise to their detriment. (eg run the business for non-wages and i will leave it to you in my will) in this case it seems that the plaintiff has relied on the promise to their benefit ie it has given them free housing and therefore much more disposable income.
this is a serious enquiry on my part, i genuinely would like to know the answer.

[Tiger7861]

The only issue the solicitor has we where on the local housing register but he says that's not a problem

[New Judge]

As I said, woofgang, it is a complex business and something I know only the basic rudiments of. Barmaid may be a better source.

I think the difficulty for Tiger is going to be establishing quite what (if any) promise was made and what detriment was or will be suffered as a result of that promise being broken. What I cannot quite understand is that if a solicitor has been engaged why is Tiger asking for advice from people who (a) may not have as much expertise and (b) who do not know all the circumstances.