Quizzes & Puzzles5 mins ago
Estoppel Question Advise Needed
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 ?
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
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...
00:03 Fri 17th Jan 2014
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.
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.
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.
'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.
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