estoppel

[honeybee13]

Hello tiger.

 

What is your point with the link above please?

 

HB

[tiger7861]

Hello tiger.

 

What is your point with the link above please?

 

HB

This guy got a lot of money even though he had an agreement before

[tiger7861]

Latest the ex daughter in law know wants to do a deal if I do a deal can she start proceeding against my son as they are divorced but the financial side at the time was not she did not make any claim for eg she can say this was a gift ( house) and issue proceedings another reason not to move out

[steampowered]

Remind me does the son still have a share in the house tiger7861? What basis would she have to bring a claim against your son?

 

The other question is whether allocation of property was dealt with as part of the divorce, for example as part of some sort of agreement.

 

If there is still concern you could make it a term of any settlement that she will not bring a claim against your son. You would need a written agreement which your son either signs in exchange for 1pound, or the agreement states that your son is intended to be a third party beneficiary pursuant to the Contract (Rights of Third Parties) Act 1999.

[tiger7861]

No I own the property no it was not part of divorce

[tiger7861]

Remind me does the son still have a share in the house tiger7861? What basis would she have to bring a claim against your son?

 

The other question is whether allocation of property was dealt with as part of the divorce, for example as part of some sort of agreement.

 

If there is still concern you could make it a term of any settlement that she will not bring a claim against your son. You would need a written agreement which your son either signs in exchange for 1pound, or the agreement states that your son is intended to be a third party beneficiary pursuant to the Contract (Rights of Third Parties) Act 1999.

To say it was a wedding gift back to square one may be

[steampowered]

If your son never owned the house its very difficult to see how she could bring any sort of claim against the son in relation to the house, unless I am missing something. It would be very difficult to argue that the son owns it when she has already brought the claim against you.

[tiger7861]

If your son never owned the house its very difficult to see how she could bring any sort of claim against the son in relation to the house, unless I am missing something. It would be very difficult to argue that the son owns it when she has already brought the claim against you.

 

I issued her with notice to evict she claimed this estoppel know they may be a compromise is there a way she says this is a wedding gift and prolongs moving

[raydetinu]

first what sort of deal does she want; I expect money in exchange for dropping the case? and any future claim in any respect!

I your are not happy in any way let the case continue and settle it once and for all!

[steampowered]

I issued her with notice to evict she claimed this estoppel know they may be a compromise is there a way she says this is a wedding gift and prolongs moving

She can say what she likes. I can say I am the Queen. It doesn't sound like anyone would believe her though.

 

Ultimately if she won't move you will have to evict her.

[tiger7861]

Very close to a deal if she signs the deal and the court seals it can she bring a claim against my son that he has an interest in the body

[steampowered]

Question has already been answered in posts 229 and 231. Yes in theory she can make a claim but it seems unlikely as difficult to see on what basis the claim would be made.

[tiger7861]

Question has already been answered in posts 229 and 231. Yes in theory she can make a claim but it seems unlikely as difficult to see on what basis the claim would be made.

If she settles with me can she turn back and then say my son has an interest in the property

[steampowered]

If she settles with me can she turn back and then say my son has an interest in the property

In theory she can. The only way to stop her would be to include a clause in the Tomlin Order to the effect that she shall not make any more claims in relation to the property and/or any claim against your son.

 

She can also say that the Queen is a chicken and she'd like a royal omelette. To be honest as she has already sued you about the property I don't think anyone would take a claim against your son that seriously. Its theoretically possible but sounds unlikely.

[tiger7861]

In theory she can. The only way to stop her would be to include a clause in the Tomlin Order to the effect that she shall not make any more claims in relation to the property and/or any claim against your son.

 

She can also say that the Queen is a chicken and she'd like a royal omelette. To be honest as she has already sued you about the property I don't think anyone would take a claim against your son that seriously. Its theoretically possible but sounds unlikely.

If I offer her the money can she refuse and go to trial

[tiger7861]

I offered a couple of hundred less than she wanted it's been 5 days no reply trial date is coming next week

[steampowered]

She can always go to trial. If she does so despite having already been awarded the money, the judge should not award her legal costs (or at least not costs from when the offer was made).

[raydetinu]

you can do a deal at any time even if trial started?

[tiger7861]

Deal done she's ready to go solicitor says court order , enforceable possession order

[steampowered]

Good news I'm glad this is (nearly) resolved for you.

[tiger7861]

Good news I'm glad this is (nearly) resolved for you.

 

So if I get an enforceable possession order can she make any other application for eg against my son saying he has an interest even though deeds are not in his name and never have been

[steampowered]

tiger I've already answered this question several times. In theory she can make a claim against your son, but it sounds very unlikely this claim would convince anybody.

[tiger7861]

tiger I've already answered this question several times. In theory she can make a claim against your son, but it sounds very unlikely this claim would convince anybody.

I issued her the evict notice so I started this what do you mean this claim would convince

[steampowered]

If your son doesn't own the house she shouldn't be able to claim against him for a share of that house.

[tiger7861]

What about beneficial interest