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Estoppel Question Advise Needed

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Tiger7861 | 14:06 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...
00:03 Fri 17th Jan 2014
Fred - you can see you dont charge by the word! ;)
BM, my greatest achievement at the Bar was to be paid for my opinion when my opinion turned out to be one word: "Yes". And I wrote it on the backsheet; we don't want to waste paper, do we?

Back in the 1960s , someone in chambers recalled, a silk had done just that. The difference was that his fee for the advice of one word was 5,000 guineas ! Mine wasn't adjudged worth quite that much :)
you are Fred ! you are !

Thank you tony for Cobbe v Yeoman's Row 2008
edifying read - antoher one

I did wonder how it fitted in with the oldham case where the commercial contract was called off AFTER someone had refitted

and I see that is referred t as well
Question Author
I think most of u guys think I have no chance
Yes.
It doesn't strike me as the strongest case. But I have said it very clearly, the devil is in the detail and I strongly advise you to take expert advice from a specialist who has all the facts.

Or as Fred would put it "Correct".
I can't see where Tigers repeated comments about being on the housing register come into this. The only reason I can see is that owners , ex in-laws, said that Tiger and her ( now ex) husband could stay in the house while they were on the housing waiting list. As I see it the only persons who says the promise of the house was made is Tiger and her ' witness friend', the ex husband and the ex in-laws all say that no such promise was ever made. I also agree that even if such a promise was made it ceased to exist on divorce.
Question Author
The solicitor said it will go to trial and at trail it will be who ever performs best

Tiger, a trial is where a criminal or civil case is heard in court by magistrates or a jury. Who is being 'tried' and what is the case? You do not have a trial over an eviction notice, you may get some time to find somewhere to live but that is all.
We keep saying, Tiger, seek proper legal advice. What the legal eagles on here have told you is sound - as yes, I concur with the others, your chances appear extremely slim. It's all hearsay, no evidence to be relied upon.
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The solicitor has advised me we wil have to put a defence for the eviction notice in terms of estoppel hence this will lead to a trial
.
Eddie you must have realised by now we dont have all the facts.....
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Wht more facts do you, req
This isn't your appointed solicitor though, Tiger - you need to appoint someone if you are serious about taking this forward, and as others have said, you'll probably be liable for those fees. I agree with Eddie - who's on "trial"?
I agree with the solicitor
I think she has an over riding interest in possession

and no you wont get the Freehold
but it will/ would prevent ecivtion
Question Author
I will be on trial peter if this avoids eviction what relief will I get more time to stay ?
I am reading it as
1 Tiger and husband marry and live rent free with in-laws for 15 years.
In that time there is a promise that 'one day this house will be yours' so they spend £15,000 on repairs and a new kitchen.
2 Tiger and husband split up and divorce but Tiger still lives in the ex in-laws house.
3 Tiger now says that the house should be given to her as a gift due to the past 'promise'
4 Ex in-laws issue an eviction notice but t
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Peter when you say overriding interest what do you mean
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Yes that's it Edie
Sorry hit submit too soon
but Tiger thinks an estoppel can not only halt the eviction but get her the house as a free gift.
Sorry Tiger, but I think you do not have a hope in hell!

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