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]

We have said this to you already, tiger - it's likely that you will be able to stay in the house UNTIL the case has been heard - then if it's not found in your favour (which seems highly unlikely) you will have to leave, and that's possibly giving you a matter of weeks to get out. You really need - as we have said before - to be making alternative arrangements for somewhere to live. Nothing has changed - your eviction notice stands, it just may be deferred until the case is closed or thrown out.

[Peter Pedant]

This is very true BT - people wait out an eviction case doing nothing until the case is heard, and then have a few weeks to find another berth.

They often lose everything in the hurried last minute exit.

[Tiger786]

What are the chances the court believes that I have Ben lied to.

[jackthehat]

Slim to none.
There is every possibility that the court will accept that your in-laws didn't necessarily lie to you......it is just that your circumstances changed when you and their son divorced.

[Tiger786]

Ok if they found in my fav then

[EDDIE51]

Tiger unless you are yet again changing your story there has not been a court hearing , there can be no 'trial', as I told you in the original post a trial is held where a person has been accused of an offence. You have not been accused of an offence therefore no 'trial'. A trail and a hearing are 2 different things.
You have not been ' lied to' you say that the in-laws promised you the house, your ex husband and both in-laws say that no such promise was ever made , the court will say that the promise is not proved. In any case the 'promise' would be void ( ended) as soon as you got divorced as even if it was made it was to you and your ex-husband as a couple.

[boxtops]

Exactly, Eddie - any alleged promise would be void once the decree absolute was passed. Tiger is no longer related to the people who own the house. IMO.

[Tiger786]

Yes I mean hearing the solicitor said it will be hearing for a day

[factor-fiction]

And there was never a specific time reference in the promise.

[Tiger786]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part29

[boxtops]

why have you posted that link, tiger? That doesn't seem relevant to you. You are searching for stuff again....

[jackthehat]

You really need to stop clutching at straws and listen to the wise counsel you are receiving here.

Even if the Court accepts that your in-laws made such a promise, they will rule that the offer of the house was made to both of you *as a couple*. Now that you are divorced, your in-laws are no longer obliged to honour such a promise; you are no longer a couple.

[factor-fiction]

I think Tiger is just showing us what type of hearing it is, Boxtops- it comes under Multi track

[Tiger786]

That is relevant to me. That's what the solicitor told me

[Tiger786]

Yes that is Botox

[boxtops]

OK, fine, thank you for explaining - but it still doesn't make any difference, read jack's post just about this one, we have said this to you so many times. Start looking for somewhere else to live, don't hang about waiting.

[Tiger786]

Yes,you,see it leads to trial

[jackthehat]

I trial you are not going to win........

[EDDIE51]

Tiger Yes it will be a one day hearing not a trial.
But our advice still stands , the eviction will be upheld and you will have to leave the house. So please! now make arrangements to find another place to live, do not leave it to the actual hearing.
If this does go to court you are going to have to pay the costs of the hearing and pay your solicitor, all just to be told to get out of the house. Make arrangements now and leave voluntarily it will be a lot cheaper in the end.

[Tiger786]

My point is this I admit I should have raised this at divorce stage why my solicitor did not advance was so I can stay here for my time hence he told me to fight eviction hence them estoppel hen told me your landlords are estopped from evicting you they have to prove in court the house was not a gift . And no promise was made