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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29199
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My granddaughter has been living with her partner for 18

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My granddaughter has been living with her partner for 18 months and because he is wealthy he sold her car and furniture, giving her a leasehold company car. He has ended the relationship and she is left with nothing, no fault of hers. She has tenants in her own property until August. What are her rights?
JA: What steps has your granddaughter taken? Has she filed any papers in family court?
Customer: This has only just happened so no steps have been taken.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your granddaughter live in?
Customer: Cambridgeshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. She has been blindsided by her love and his promise to care for her.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. What happened to the proceeds of sale in respect of her car and furniture please?
  2. when you refer to her partner selling her car and furniture, and I correct to presume that your granddaughter consented to the sales at the time?
  3. were they sold at undervalue?
  4. Does she have any evidence of anything promised by her partner in return for her selling these possessions?
  5. Is she living in his home?
Customer: replied 6 days ago.
She is living at his home with nothing in writing to secure her right to be there. He sold her brand new furniture on eBay for peanuts and gave her the proceeds but it was sold undervalue. Not sure about the car but she is currently driving a car leased by his company.
Customer: replied 6 days ago.
Waiting for confirmation.

thank you. From what you say am I correct to infer that she gave her permission for these items to be sold please?

Customer: replied 6 days ago.
Customer: replied 6 days ago.
He assured her that she would not need them going forward.

thank you. From a strictly legal basis, providing your granddaughter consented to the sales, I cannot see that her partner has done anything legally wrong nor that she has any particular legal claim against him in this respect. That is not to say this is an end to the matter.

From the point of view of something known as equity, she may be able to establish a constructive trust on his part in relation to certain interests in his property on the basis that she acted in the manner to her detriment in reliance upon one or more promises or undertakings he gave to her. Such a claim would not be straightforward and would require the involvement of a solicitor and would turn very much upon precisely what he promised to her hand what evidence if any she has in respect of such promises but essentially, a claim in equity can be sustained by way of something known as estoppel to establish a constructive trust to hold the individual to any promises he made if she can show that she acted to her detriment in reliance of those promises.

In addition to the above, she can consider applying for an occupation order if she is being asked to move out of the property she is living in to allow her a period of time to find alternative accommodation:

Joshua and 4 other Law Specialists are ready to help you
Customer: replied 6 days ago.
I have paid for the phone call and will wait.

I am sorry I missed your request for a phone call - I have been in a long meeting this afternoon. I note that one of my colleagues has picked up your call request and I trust by now you have had a productive conversation with them

Customer: replied 5 days ago.
Still waiting for a phone call.....

I'm sorry to read that you have still not received a phone call. One of my colleagues picked up your request. If you have not heard from them, if you contact customer services, they will be pleased to assist you in this respect or process a refund for you at your discretion:

https://www.justanswer.co.uk/help/contact-us