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Court case Lost by claiment, whom has no assets. Can they take his parents house??
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katesheet
Posts: 245 Forumite


If a claimant will be going to court, and has been challenged by the defendant in their defence,
and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)
But if the doesn't work, or has no assets (no savings), no property, then what is likely to happen?
The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,
Now, if the amount of money to be recouped by the defendant (from the claimant) is large
Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets),
then can the defendant claim to take the house to recoup their costs?
Or the claimant is shielded form the defendant to take that property?
(ie,is the house safe?)
Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.
(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?
-This is quite a touching emotional situation
and question so thank you for your assistance )
Thank you all.
and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)
But if the doesn't work, or has no assets (no savings), no property, then what is likely to happen?
The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,
Now, if the amount of money to be recouped by the defendant (from the claimant) is large
Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets),
then can the defendant claim to take the house to recoup their costs?
Or the claimant is shielded form the defendant to take that property?
(ie,is the house safe?)
Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.
(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?
-This is quite a touching emotional situation

Thank you all.
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