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legal advice needed (not MC related)
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legal advice needed (not MC related) - June 12, 2008, 09:53 AM

Yes its me...going through a horrible divorce. Anyways I need advice.

Me and the wife are getting a divorce.

We had 2 vehicles. 1 paid (sedan) for and 1 with a $500 note (van). I had the sedan and she had the van. Both vehicles were (are) in both our names as: Walter AND Angela.

She stopped paying for the van and the bank threatened to reposes after about 40 days. She panicked. We made a deal on paper that one of us will take both vehicles and give up rights to said vehicles. In that same agreement we said that any moneys gained from the sale of the vehicles will go to the person that took the vehicles.

Well we agreed for me to take them. I trade both vehicles in for a new care. I had about 7Gs in negative equity because of the van. No problem. I turned the tags in and since one of the tags had time left I would get a refund of $25.

Well the check came in both of our names (AND). She refuses to give me the check insisting that her name is on it too. I remind her of our signed contract. She is still being stubborn.

I was thinking of taking her to small claims court, not for the$25, but for $3500 (half of the negative equity) citing breach of contract.

Do you think its worth it? Do you think its accurate to ask for $3500. I dont want to go to court for $25; it will be for $3500. This obviously is a nasty divorce.


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Originally Posted by vonstallin View Post
Stinky:
.........
Im so excited im about to pre-blast in my pants.....then....it hits me...
I smell her arm pits and i damn near threw up!!!!
..........
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June 12, 2008, 09:57 AM

Im no lawyer but if you signed a contract stating you take responsiblity of said vehicles and you take on the debt from said vehicles, that debt is yours alone.

the $25 would be split since its not disclosed in the contract on the vehicles and unless otherwise stipulated, everything is 50/50.
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June 12, 2008, 10:00 AM

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June 12, 2008, 10:01 AM

Seriously? Forget about the $25 check and call it a day.
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June 12, 2008, 10:03 AM

Quote:
Originally Posted by GForceEng
Im no lawyer but if you signed a contract stating you take responsiblity of said vehicles and you take on the debt from said vehicles, that debt is yours alone.

the $25 would be split since its not disclosed in the contract on the vehicles and unless otherwise stipulated, everything is 50/50.
In the contract it states that any moneys gained as a result of said vehicles will go to the person taking the vehicles. (which is me). Since she is going against that would I be entitled to the $3500. She negated the contract by breech and since the van was in my name AND her name the proceeds or negatives should be split. In this case negative.

Since I already have taken on her half of the negative then I am entitled to be compensated that amount.


Quote:
Originally Posted by vonstallin View Post
Stinky:
.........
Im so excited im about to pre-blast in my pants.....then....it hits me...
I smell her arm pits and i damn near threw up!!!!
..........
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June 12, 2008, 10:06 AM

Quote:
Originally Posted by rddy
Seriously? Forget about the $25 check and call it a day.
Its not that. This woman has a habit of not playing by the set rules. Not paying joint bills on time, which I must fix to avoid mucking up my credit. Trust me man, this is more than about $25. I make that much sitting at my desk for 30 min.


Quote:
Originally Posted by vonstallin View Post
Stinky:
.........
Im so excited im about to pre-blast in my pants.....then....it hits me...
I smell her arm pits and i damn near threw up!!!!
..........
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June 12, 2008, 10:07 AM

Quote:
Originally Posted by nunyadambusiness

You haven't changed since I first started posting on here. Thanks for being consistent.


Quote:
Originally Posted by vonstallin View Post
Stinky:
.........
Im so excited im about to pre-blast in my pants.....then....it hits me...
I smell her arm pits and i damn near threw up!!!!
..........
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June 12, 2008, 10:14 AM

Quote:
Originally Posted by hfam95
Its not that. This woman has a habit of not playing by the set rules. Not paying joint bills on time, which I must fix to avoid mucking up my credit. Trust me man, this is more than about $25. I make that much sitting at my desk for 30 min.
If you sue her for breach of contract, you can bet that the best that you are going to get will be enforcement of the contract which would net you $25. Forget about it and call it a day. If you sue and win, she is out nothing and you have paid legal fees and/or gone through a bunch of hassle. Note that I say she is out nothing because if you don't sue, obviously you are not going to let her cash the check and she gets nothing. If you win, you get the $25.

Let it go.

Why do I have this strange feeling of Deja Vu?
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June 12, 2008, 10:14 AM

Quote:
Originally Posted by hfam95
In the contract it states that any moneys gained as a result of said vehicles will go to the person taking the vehicles. (which is me). Since she is going against that would I be entitled to the $3500. She negated the contract by breech and since the van was in my name AND her name the proceeds or negatives should be split. In this case negative.

Since I already have taken on her half of the negative then I am entitled to be compensated that amount.
its a stretch, maybe with the right judge you could swing that. I would only look out because you are taking the contract literally. I could literally retort that the tag fee reimbursed was not apart of the vehicle at all, it was mearly a fee involved in registration. The contract does not state anything about related moneys involving the vehicle does it? I just dont think "umbrella'ing" the tag fee with the contract will hold up in court when it specifically states moneys gained from the sale of the vehicle. You got that money when you returned the tag.
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June 12, 2008, 10:16 AM

Did you consult her before trading it in? Not sure if you can have her pay 50% of it without her agreeing to those terms first.
I don't think its breach of contract if there is nothing in the contract stating she would be held partly responsible for any said loss.
In your first post you stated:
moneys gained from the sale of the vehicles will go to the person that took the vehicles
In this last post you stated:
the proceeds or negatives should be split
So, which is it?

Last edited by Blue-R; June 12, 2008 at 10:21 AM..
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June 12, 2008, 10:19 AM

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Haven't heard that in years....excellent song!
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June 12, 2008, 10:23 AM

Quote:
Originally Posted by Blue-R
Did you consult her before trading it in? Not sure if you can have her pay 50% of it without her agreeing to those terms first.
I don't think its breach of contract if there is nothing in the contract stating she would be held partly responsible for any said loss.
In your first post you stated:
moneys gained from the sale of the vehicles will go to the person that took the vehicles
In this last post you stated:
the proceeds or negatives should be split
So, which is it?

The contract states moneys gained.

Im saying negative split because she refuses to give the moneys gained (therefor breaching the agreement (contract)).


Quote:
Originally Posted by vonstallin View Post
Stinky:
.........
Im so excited im about to pre-blast in my pants.....then....it hits me...
I smell her arm pits and i damn near threw up!!!!
..........
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June 12, 2008, 10:29 AM

First of all, I'm not a lawyer. But I did go through a divorce. Now with that said.

So you traded in two vehicles for one but still owe money on the previous vehicles. So you traded in for a loss? That sucks but it's better than going delinquent on a payment and taking the credit history hit.

It will depend on how your contract is worded. You mentioned that who ever assumes full ownership of the vehicles automatically assumes profits made from the sale of said vehicles. Does your agreement mention who specifically assumes the debt if the vehicles are sold for a loss? If not, then chances are you are responsible for the debt just as you would be responsible for the gains. Considering that she gave you full title of the vehicles and you accepted it then what ever happens after the title transfer will then be the title holders burden.

Considering that the vehicles were surrendered into your possession then it seems natural that you would assume any financial gain (or debt) associated with those vehicles. So far it sounds like you got screwed. Ultimately it's up to a judge to decide how to interpret the contract between you and your spouse. Compare the fees you would pay in small claims court with 50% you would get from the $3500.00 and see if it's a gamble worth taking.

Make sure you document EVERYTHING that occurs during this ugly process.
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June 12, 2008, 10:31 AM

I think you might be able to get her on breach of contract for the $25, but then she just pays you the $25. Then you would be asking the judge if you could also breach the contract so you can split the loss....Does breaching a contract negate the contract all together? If so, there is nothing stating she owes you any money and your stuck with the bill.

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June 12, 2008, 10:34 AM

Quote:
Originally Posted by wrenchmonk
First of all, I'm not a lawyer. But I did go through a divorce. Now with that said.

So you traded in two vehicles for one but still owe money on the previous vehicles. So you traded in for a loss? That sucks but it's better than going delinquent on a payment and taking the credit history hit.

It will depend on how your contract is worded. You mentioned that who ever assumes full ownership of the vehicles automatically assumes profits made from the sale of said vehicles. Does your agreement mention who specifically assumes the debt if the vehicles are sold for a loss? If not, then chances are you are responsible for the debt just as you would be responsible for the gains. Considering that she gave you full title of the vehicles and you accepted it then what ever happens after the title transfer will then be the title holders burden.

Considering that the vehicles were surrendered into your possession then it seems natural that you would assume any financial gain (or debt) associated with those vehicles. So far it sounds like you got screwed. Ultimately it's up to a judge to decide how to interpret the contract between you and your spouse. Compare the fees you would pay in small claims court with 50% you would get from the $3500.00 and see if it's a gamble worth taking.

Make sure you document EVERYTHING that occurs during this ugly process.
I agree, the wording will have to be tossed up with the judge but it just sounds like you are responsible soley. The $25 is not wrapped under the contract IMO, but a judge may think otherwise.
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