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Community Property

Old 04-24-08, 05:36 AM
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Community Property

A bike racing pal of mine is going through a nasty divorce (aren't they all?). At the last meeting with the lawyers, she starts insisting that his racing bicycles (a new $7K Trek and a three year old $5K Litespeed) get included as community property. He blows his gasket and says, fine babe, then so is that 2005 BMW 328i sedan (the one that's paid for) that I bought you 3 years ago.

She backed off. Silly divorcees.
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Old 04-24-08, 05:42 AM
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that's what pre-nups are for

Going after bikes she won't even ride, now that's just mean.
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Old 04-24-08, 05:54 AM
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You posted this a week ago. Are you getting forgetful in your old age?

https://bikeforums.net/showthread.php?t=368364&page=15
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Old 04-24-08, 05:59 AM
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Old 04-24-08, 06:06 AM
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Originally Posted by Jynx View Post
You posted this a week ago. Are you getting forgetful in your old age?

https://bikeforums.net/showthread.php?t=368364&page=15
Where am I?
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Old 04-24-08, 06:13 AM
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Originally Posted by Jynx View Post
You posted this a week ago. Are you getting forgetful in your old age?

https://bikeforums.net/showthread.php?t=368364&page=15
What that shows is how traumatized PC is with the possibility that someone could legally come after one's bicycles . . . one's pride and joy . . . one's reason for living.

It IS a valid concern. My ex wound up with half my music collection, many of which are quite irreplaceable. Just to be mean. She doesn't even appreciate music. Witch!!
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Old 04-24-08, 06:14 AM
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Originally Posted by AEO View Post
that's what pre-nups are for

Going after bikes she won't even ride, now that's just mean.
+1

Negotiate everything while you are still in love.
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Old 04-24-08, 06:16 AM
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Socialism!
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Old 04-24-08, 06:25 AM
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Bears repeating boys.
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Old 04-24-08, 06:34 AM
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I'm so glad I'll never have that problem... I'll never be able to afford a $5k bike or a BMW
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Old 04-24-08, 06:36 AM
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"Sometimes you have to be a high-riding b*tch to survive.
Sometimes being a b*tch is all a woman has to hold onto."
-Delores Claiborne(1995)
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Old 04-24-08, 06:36 AM
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Originally Posted by patentcad View Post
Bears repeating boys.
he didn't eat boys.

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Old 04-24-08, 07:00 AM
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Originally Posted by urbanknight View Post
I'm so glad I'll never have that problem... I'll never be able to afford a $5k bike or a BMW
Then she'll take what you got.
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Old 04-24-08, 07:00 AM
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Originally Posted by patentcad View Post
A bike racing pal of mine is going through a nasty divorce (aren't they all?). At the last meeting with the lawyers, she starts insisting that his racing bicycles (a new $7K Trek and a three year old $5K Litespeed) get included as community property. He blows his gasket and says, fine babe, then so is that 2005 BMW 328i sedan (the one that's paid for) that I bought you 3 years ago.

She backed off. Silly divorcees.
If the bikes were not a formal gift, they're community property. If the BMW was a gift (and it was), then it's hers.
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Old 04-24-08, 07:41 AM
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It is possible to spend $7k on a Trek?
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Old 04-24-08, 07:42 AM
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Originally Posted by waterrockets View Post
If the bikes were not a formal gift, they're community property. If the BMW was a gift (and it was), then it's hers.
Bingo. Even if the Beemer was a gift from the husband to the wife, it is her personal property. As described, the bikes are community property.
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Old 04-24-08, 07:46 AM
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Originally Posted by waterrockets View Post
If the BMW was a gift (and it was), then it's hers.
No way to prove that. He said she said.
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Old 04-24-08, 07:50 AM
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Originally Posted by Coyote2 View Post
Bingo. Even if the Beemer was a gift from the husband to the wife, it is her personal property. As described, the bikes are community property.
A moot point really, since if it gets fought over, it will become the lawyers' property.

I have a friend from university with whom I had drinks many years after we graduated. He had become a divorce lawyer. I asked him how things actually worked. He started laughing and told me this;

"I first work with the other party's lawyer to determine the value of ALL assets. Then we divide it between us. Essentially what we do is incite the couple to fight over everything until our billing has almost used up all the assets. We then settle."
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Old 04-24-08, 07:59 AM
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Effective July 19, 1980, New York joined the ranks of many other states and became an equitable distribution state. See NY Domestic Relations Law, section 236B. Equitable does not mean equal. Marital property must be distributed equitably between the spouses, considering the circumstances of the case and of each spouse.

Community property means generally that the money both spouses have earned during the marriage belongs to both of them, and the money that one spouse had before the marriage or from an inheritance or gift, belongs to that spouse as separate property.

Unlike in community property states, in an equitable distribution state, like NY, a spouse is not entitled to keep separate property. Each spouse is entitled to receive a fair and equitable share of the property of the other spouse.
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Old 04-24-08, 08:01 AM
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Don't get me started.....

Next court date - April 30th.
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Old 04-24-08, 08:02 AM
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Originally Posted by jemoryl View Post
It is possible to spend $7k on a Trek?
I spent 7k on my Trek. It's a $1500 bike, and then I spent an additional $5500 having portraits of Lance airbrushed all over the frame.
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Old 04-24-08, 08:03 AM
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Originally Posted by jemoryl View Post
It is possible to spend $7k on a Trek?
It's possible to spend over $8k on a Trek!


https://www.trekbikes.com/us/en/bikes...e/madone69pro/
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Old 04-24-08, 08:17 AM
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Originally Posted by patentcad View Post
No way to prove that. He said she said.
Surely they each told people he gave her the BMW for her birthday. The salesman, her mom, BFFs, there are probably photos to that effect...

Hell, he told you, and now it's up on the internet.
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Old 04-24-08, 08:26 AM
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This is one of many reasons never to get married. Living together is fine, of course, but marriage is an old religious custom that serves no purpose in modern society.
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Old 04-24-08, 08:26 AM
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I'm never getting married...








...I hope my girlfriend doesn't see this...
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