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Old Nov 29, 2010 | 09:44 PM
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Default Tough decision

OK, here's the deal guys. And I am not really going to make my decision based upon your opinions but...........I will be interested just the same. Probably no one has EVER posed this dilemma here before.

I have my baby, a really nice '69 totally stock coupe, except for a rebuild of the matching numbers engine. I haven't spent a lot of $$ except for the rebuild and hours and hours of labor on things I could do myself.

I just learned that my wife of 20+ years has been taking her pleasure with another dude. To top it off, he drives a (ugh) Mustang. Crap, at least she could have picked a guy with a C1 through C3 ride.

Anyway, she has a pretty hefty amount of bucks that were hers from an inheritance prior to our marriage. She can outspend me probably 5 to 1 or more on legal fees. If I fight her for our community property she will probably come out on top. Remember, this is a "no fault" state. Should I sell my Vette and give the proceeds to my attorney and try to fight it out or should I keep the Vette and let her scarf up most everything else. Also a consideration.....she could end up with the Vette.

If I have bored you with this rather unusual post then don't feel obligated to respond.

Happier days MUST be in my future.
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Old Nov 29, 2010 | 09:51 PM
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I certainly can't give you any legal advice but this has come up more than once here. I wish you luck and if there is any way possible to keep it legal or not I would try. Got a buddy you can really trust?
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Old Nov 29, 2010 | 09:56 PM
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Is the title just in your name? Can you sell it to your father? Brother? I would tranfer title to them as quick as possible. Then hold out for as long as possible with her. This way when it comes down to court, it doesn't look like you just sold the car to keep it. Plus if you just transfer the title, she doesn't even have to know, and you can still drive the car like its yours letting her think she may have a shot at it, or use it against you.
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Old Nov 29, 2010 | 10:05 PM
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This stuff NEVER winds up with a happy ending. My suggestion is to move along slow and cautious. Try to keep a cool and level head and avoid confrontation even though you would probably feel better doing otherwise. Most of the time he/she with the best lawyer wins.
Since she can out spend you I would think it's not in your best interest to fight this out laywer vs lawyer. I would not give up anything unless forced to including the Corvette but that's just my opinion. Why give up something you have an emotional attachment to when you may ultimately have nothing to gain? Patience will be a virtue.
Good Luck I hope things work out for you.
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Old Nov 29, 2010 | 10:10 PM
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Get yourself a good divorce attorney and do your best to pin the blame on her. She cheated on you and should pay for it. Best of luck.
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Old Nov 29, 2010 | 10:48 PM
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You will understand the reality of this only AFTER you talk with an attorney.

Unless she has MILLIONS and brought that to the marriage, let her spend all she wants on an attorney, most states simply split all assets down the middle. Now she CAN request (at your expense) written apraisals on all your toys etc. But you can do the same with her.

Bottom line is as soon as she talks to an attorney, he will see how much money she (and you) has and he WILL in his head, know when he will tell her to settle and sad as it is, he will only be looking out for himself.

Good luck!

As for selling the car, talk to your attorney first. My guess is he is going to tell you no matter what you do with it, the cars value is half hers, you sell it and spend it, this is disipation of marital assets.

Last edited by Acro74; Nov 29, 2010 at 10:52 PM.
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Old Nov 29, 2010 | 10:55 PM
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been there twice - lost 1/2 of everything 2 times.

things are just things...to be able to look ones self in the mirror ...is everything

3 sides to every storey , his , hers , truth

keep the Corvette , it is a thing that you enjoy

Pete
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Old Nov 29, 2010 | 10:59 PM
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Very sorry to hear about this. I will add both of you to my prayer list.

Please don't be offended, but is there any way this could be worked out so that you stay married? Should that be out of the question, you do need some timely legal counsel for your protection.

Rickman
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Old Nov 29, 2010 | 11:08 PM
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I can't give you legal advice, but some first hand experience.

Judges don't care who did what these days.
If you transfer the car out of your name and still end up with it later, you are defrauding the court, will come back to bite you big.
If her previous inheritance or any part of it, was co-mingled with you, that part is half yours.
Basically, everything that is joint, has a realistic value put on it and everything will be split down the middle value wise.
If the parties can't agree, then it may be ordered sold and the proceeds split.

Try and find a good lawyer that won't escalate things and rape you.
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Old Nov 29, 2010 | 11:11 PM
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Originally Posted by Tally Ho
Get yourself a good divorce attorney and do your best to pin the blame on her. She cheated on you and should pay for it. Best of luck.
What part of "no fault state" did you not understand?

Talk to an attorney. Often there's laws regarding dumping property to a relative, even its a year out. Also, if she's been cheating she probably wants out fast rather than arguing about stuff, especially if she has plenty of money. Unless she absolutely wants to punish you, she might not want the car.
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Old Nov 29, 2010 | 11:16 PM
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Originally Posted by Vettebuyer5869
What part of "no fault state" did you not understand?

Talk to an attorney. Often there's laws regarding dumping property to a relative, even its a year out. Also, if she's been cheating she probably wants out fast rather than arguing about stuff, especially if she has plenty of money. Unless she absolutely wants to punish you, she might not want the car.
Good advice Steve
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Old Nov 29, 2010 | 11:45 PM
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Yeah, I have already consulted with our attorney that has handled other legal matters for us and he has given me a referral to a couple other attorneys. Although he is a long time friend of mine he cannot handle this matter due to conflict of interest. I have an appointment with one of the attorneys he has provided me with.

With respect to her assets she just recently received an inheritance of a pretty substantial piece of property that she has now sold. I wasn't relying on comments here as legal advice.....just running it by as a lesson if life.

Oh man, lessons in life. Even 20 years ago I should have taken stock of things people told me about her way back then.

WTF, I'm tough and I will live through it to party another day.

Last edited by 1955pirate; Nov 29, 2010 at 11:49 PM.
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Old Nov 29, 2010 | 11:57 PM
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Good Luck to you
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Old Nov 30, 2010 | 07:16 AM
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I'm sorry for your troubles.

When I went through this I had a consultation with EVERY decent divorce lawyer for 50 miles. This made it impossible for them to handle the case for her. Worked like a charm.

I don't know what state you're in or what the laws are there, but usually you split what you have, split what you owe and split what's left when the dust settles.

If there are kids involved, things get weird, but an unfaithful wife can be made to look terrible in court by the right attorney. Of course, you have to be ready for her to tell the million reasons that she fell off the fidelity wagon in the first place.

Don't sell your car. Look forward to opening the door for the next babe in your life.

Lotza luck.
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Old Nov 30, 2010 | 09:06 AM
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Bear in mind that in many states, her "hefty sum of money" - is half yours ! Turn the tables....

I'm sorry to hear of your problem...I can only hope there are no children involved...

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Old Nov 30, 2010 | 10:35 AM
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Sorry to hear of your situation. Hope all goes well for you my friend, whatever the outcome.
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Old Nov 30, 2010 | 10:48 AM
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Originally Posted by Vettebuyer5869
What part of "no fault state" did you not understand?

OK slight oversight. No need to get nasty. The bottom line is she's the cheater and if there's a way to make it tough on her and keep my stuff, I would.
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Old Nov 30, 2010 | 05:59 PM
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That is a bad situation, and I feel bad for you. That being said, get her Hulk Hogan's attorney for Christmas. She should be living in a box by January.
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Old Nov 30, 2010 | 06:17 PM
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does she know that you know about mustang boy?talk to a lawyer before you talk to her .find out what you can do and what you should not do .if she is in love ,she mght be willing to work out a deal .the more you two can work out the less the lawyers get.good luck.
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Old Nov 30, 2010 | 06:33 PM
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the courts will be fair, the really only issues we hear about is the fact that one feels their side did not get a even amount. remember to understand what joint assets are and what individual assets are.
for example, I have money in my own name and my wife has money in her own name. unless there is a contract ( prenup) stating where money goes, usually the money owned a the start of the marraige belongs to the individual, but the appreciation of the money, belongs to the marraige.

there are intangibles also such as depreciating assets ( newer cars, big tvs, etc) and appreciating assets ( house, savings accounts)

I bought my car with my money therefor it is mine. any appreciation of the car if I sell, is ours.
same is true for the house, if the house was bought with your money then you get your money out of it. but must share the appreciation that it did for 20 years of the marraige.

there are gains and losses in all marraiges. the usual problem is how to calculate it and come thru with a fair settlement. plus pay off the lawyers.

if she has more money than you then she will have to pay a higher proportion of the lawyers fees.


the best you can do for yourself is smile and just state that you want what is fair. if she wants an extra several grand, you really gotta give it to her, or that several grand will go to the lawyers anyway. she will realize that also. although the lawyer may not openly tell her that.

figure out what a fair amount is, add a couple of grand to it and I bet that will work.

my wife and I both worked and I always insisted that we both save money equally into our IRAs and 401K.. etc..

wages are joint money also, don't think that because you make more, you get to keep more..

good luck
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