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 ?

[Tiger7861]

Declaration of Trust. Could have only be signed if he had agreed to it ?

[Barmaid]

This is the issue I have, Eve. It should have been raised as part of the ancillary proceedings and the OP should have put it on her form E. The parents in law should then have intervened and the whole thing should have been dealt with there and then.

[browntrout]

wouldn't a likely scenario be....

Parents tell son and daughter in law they can live in the house rent free and when we ( the parents) die you will get the house. couple split up......game over.

[Tiger7861]

Well we r divorced know only after they sent me an eviction notice this all kicked off

[Barmaid]

But the question of your accommodation should have been dealt with as part of the divorce. Particularly if you asserted joint ownership of the property.

[Tiger7861]

So did I miss a trick then ? Will my name on the housing register have any connection with detriment

[Eve]

I wonder if a lack of understanding, lack of lawyers (DIY divorce?) could have contributed but family law isn't my thing so I don't know how it all works in practice, what's on the forms etc...

[Tiger7861]

So if parents intervened what will have happened they would have said no gift

[Peaspeculiars]

Tiger, I'm curious,
How is this affecting the childrens relationship with both father and grandparents? I can't imagine that the relationship (if their Grandma and Grandpa have served you with an eviction notice, want you to leave the house that is rightfuly theirs on the deeds, that you have lived in rent free for 15 yrs, in which a bit of money for maintenance has been spent, that you now say should be yours) is going too well?
Would it not be better for their sakes to count your blessings so far and start afresh?

[Barmaid]

who knows what might have happened on divorce - fact is, it didnt. Take some proper advice.

[Tiger7861]

The house was a gift they may own it on paper but technically it was mine and my ex and friend is a witness to there assurances so it's. Mine do,you think a court will boot out me and my kids

[boxtops]

...but it's not yours, Tiger - it's your ex in-laws, their names are still on the Council Tax, they still own it. All you have is an alleged verbal promise many years ago. Whyever wasn't the question of who lives where, and where the children will live, dealt with as part of your divorce settlement? You can't just come up with something at a later date and expect it to be handed to you on a plate. Listen to barmaid, believe in what that expert solicitor told you.

[Peaspeculiars]

I can't tell you if the courts would 'boot out' you and your kids or not. I'm not a lawyer. My answer was to ask, is it really all worth the stress and the effect this will be having on your kids?

[Tiger7861]

Well lately the council tax is on my name

[Peaspeculiars]

As is the case in most rented houses...

[Tiger7861]

If I loose will I have to pay costs

[woofgang]

yes indeedy, and if you win, its not a given that the losers will have to pay all the costs.

[Barmaid]

Costs are generally at the discretion of the Court and many factors are considered. However the usual rule is loser pays.

[bednobs]

you will certainly have to pay your own costs

[FredPuli43]

Yes.