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post #1 of 9 Old Dec 28th, 2011, 8:44 pm Thread Starter
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law question

Bought a bike right before Christmas. The owners wife hands him divorce papers as a Christmas gift, now the lawyer claims the bike is part of the settlement. I sent him a down payment for the bike, before Christmas, with the agreement I would pay the balance when I pick up the bike and this was agreed apon by the owner. In my opinion the bike theoretically belongs to me as I have put a down payment on it and cannot be included in the divorce settlement.

Courage doesn't always roar. Sometimes it is the quiet voice at the end of the day saying " I'll try again tomorrow".


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post #2 of 9 Old Dec 28th, 2011, 9:29 pm
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Re: law question

I am not a lawyer but I would think that if the husband and wife both agree on the sales price then they would just split the money.

Do you have anything in writing shown your down payment and terms?

I hope at the minimum you can get your down payment back.

best of luck

Roy

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post #3 of 9 Old Dec 28th, 2011, 10:10 pm
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Re: law question

Is it really worth getting dragged into the matter? Get your money back and walk away.
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post #4 of 9 Old Dec 28th, 2011, 10:12 pm
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Re: law question

Short answer is that you will probably end up screwed in some manner or another due to the fact that now you are in the middle of a divorce. The answer to your question is located somewhere in the following information and the answers to the questions:

1) All is fair in love, war, & divorce.
2) It depends on the law of the state where the bike is located.
3) Was the bike purchased prior to or during the marriage?
4) Is the bike titled in only the husband's name or both?
5) Did you make the purchase agreement with the husband only or both husband & wife?

The problem is that the wife (or her attorney) will want to argue about the value of the bike and will probably state that he is selling it too cheap. They could agree to the sales price, allow the sale to go through, put the money in escrow, and then divide it accordingly once the divorce is settled. If the husband is the only person on the title he could go ahead and sell you the bike, be in danger of being held in contempt, and split what is paid or what they think the actual value is later. The end result and answer to your question is that I would suggest getting your downpayment back and running away from this mess as fast as possible. Your downpayment is just that and does not finalize the deal. It is only a step in that direction and puts you first in line, but until you pay the full price for the bike and get the title it is not yours. ( I should also note that I am assuming this is a titled bike and understand that may not be an issue.) I repeat, get your money back and run away like Forrest Gump. Good Luck!!
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post #5 of 9 Old Dec 28th, 2011, 10:32 pm
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Re: law question

+1 with lawrider
In full disclosure I am not an attorney, but I do own a car dealership and more than once I have had the unfortunate experience in getting caught in the crossfire of a couple in the middle of a divorce when we are trying to get all parties to sign off the title of a trade in. Get your down payment back and run away as quickly as possible. If both of their names are on the title, run faster.

Even if it appears that all parties are in agreement stuff can and will go wrong. Plus the ex to be can hold up the process as a bargaining chip for other items.

There are many more motorcycles out there for you. Don't complicate your life by getting waist deep in this mess.
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post #6 of 9 Old Dec 29th, 2011, 12:54 am
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Re: law question

It may not be all that complicated. If the state is a community property state then things accrued during the marriage are subject to being split 50-50 for the divorce. Here is what I would look at:
Is his name the only one on the title?
Did the judge prohibit disposing of any assets in the divorce papers?
If the answers are yes and no, then I would go for it.
This presumes he has the legal ability to sign the title by himself.
If the judge believes he sold it too cheap, that's likely on him unless you have conspired with him in some fashion to facilitate that.
I too am not an attorney but have worked thousands of domestic related property disputes.

Use some horse sense. Are you getting the bike way too cheap or is it reasonably priced?


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post #7 of 9 Old Dec 29th, 2011, 10:38 am
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Re: law question

Shoulda bought mine Mike! No strings attached.

Bill
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post #8 of 9 Old Dec 29th, 2011, 10:48 am Thread Starter
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Re: law question

Thanks for the advice, as I am really just a middle person, all the offers I received, I sent up to my brother and let him decide on what bike he wanted, he made the choice. The bike he picked was a 2002 LT basic for $4500. It was a good price in my opinion. As far as whether it was in both the husband and wife's name, I am not sure. I basically sent him word to send the money back and start all over again. I wish the owner the best of luck in the divorce, I know they can be messy.

Courage doesn't always roar. Sometimes it is the quiet voice at the end of the day saying " I'll try again tomorrow".


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post #9 of 9 Old Jan 3rd, 2012, 8:56 pm Thread Starter
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Smile Re: law question

Well after the lawyer looked at the deal, it seems that the bike is mine, I plan on leaving at the end of the month to pick it up. I hope the weather holds during the trip to and from phoenix, AZ.

Courage doesn't always roar. Sometimes it is the quiet voice at the end of the day saying " I'll try again tomorrow".


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