Divorce and personal property

[wolfthing2000]

What is the name of your state (only U.S. law)? Oregon

I am reaching the "Bank is broke " stage in divorce. Trial coming and division of property and assets ( if any are left in 60 days).
I have a vintage Jeep that I have owned since 1971 and we were married 8 years. My name only is on that title. Can I keep it?

I have rifles and guitars from before the marriage**************....accumulated since 1968. Can I keep them?

I have a few rifles and one guitar purchased after the marriage**************.????

I have a 69 chevy truck that I spent 5 years rebuilding with me doing 100% of the work******************************************......it has both our names ojn the title. It is my main transportation to work.

There are 5 other vehicles, her mercedes that she owned pre marriage****************************......and 4 other trucks only one operates and is broke down almost weekly.

Do I stand a chance of saving my old Jeep, the rifles and guitars and the chevy truck that I rebuilt?????


There have been some mentions in letters of some settlements from her side and my side, but I know that nothing matters until the Judge decides since she will not co-operate and my attorney says there is no hope for settlement now after 11 months and trial is coming in 2 months.

These are the only things I hope to save from this mess.

Friends say sell the stuff (on paper) to a friend for a dollar and then buy it back after divorce.
I know the oregon laws allow disposal of assets during the term of divorce foor support of life and legal fees****************************..I have utilized 401k money for part of my lawyers fees.

How can I protect my valuables??

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

I am reaching the "Bank is broke " stage in divorce. Trial coming and division of property and assets ( if any are left in 60 days).
I have a vintage Jeep that I have owned since 1971 and we were married 8 years. My name only is on that title. Can I keep it?

I have rifles and guitars from before the marriage**************....accumulated since 1968. Can I keep them?

I have a few rifles and one guitar purchased after the marriage**************.????

I have a 69 chevy truck that I spent 5 years rebuilding with me doing 100% of the work******************************************......it has both our names ojn the title. It is my main transportation to work.

There are 5 other vehicles, her mercedes that she owned pre marriage****************************......and 4 other trucks only one operates and is broke down almost weekly.

Do I stand a chance of saving my old Jeep, the rifles and guitars and the chevy truck that I rebuilt?????


There have been some mentions in letters of some settlements from her side and my side, but I know that nothing matters until the Judge decides since she will not co-operate and my attorney says there is no hope for settlement now after 11 months and trial is coming in 2 months.

These are the only things I hope to save from this mess.

Friends say sell the stuff (on paper) to a friend for a dollar and then buy it back after divorce.
I know the oregon laws allow disposal of assets during the term of divorce foor support of life and legal fees****************************..I have utilized 401k money for part of my lawyers fees.

How can I protect my valuables??

The jeep is a premarital asset that has apparently been kept separate, so that ought to remain yours. The rifles and guitars that you bought before marriage are also premarital assets, so those should remain yours as well.

The Chevy and the other items bought during the marriage are marital assets. You may still be able to keep them, but that would have to be in exchange for other marital assets.

 

[wolfthing2000]

So if there is an offer from me to exchange real estate property equity for the cash value of the truck and other things I can't be forced to sell them? That is my real biggest fear**************.....I know this sounds superficial, but throughout this bad marriage i hid myself into that truck and it is very personal.
The real estate propertys, etc. are all examples of a relationship that ran the debt up to the hilt**************. credit card debts payed off by multiple re-mortgaging**************kind of like our present economy. The mortgages were based on dual income and there is presently threat of foreclosures. I just want out with a few personal items and wish to cut my losses as soon as possible. It is even doubtful that any of the real estate will move in the present market.

 

[mistoffolees]

So if there is an offer from me to exchange real estate property equity for the cash value of the truck and other things I can't be forced to sell them? That is my real biggest fear**************.....I know this sounds superficial, but throughout this bad marriage i hid myself into that truck and it is very personal.
The real estate propertys, etc. are all examples of a relationship that ran the debt up to the hilt**************. credit card debts payed off by multiple re-mortgaging**************kind of like our present economy. The mortgages were based on dual income and there is presently threat of foreclosures. I just want out with a few personal items and wish to cut my losses as soon as possible. It is even doubtful that any of the real estate will move in the present market.

You're going to be entitled to the value of half of the marital assets and you're going to owe half of the marital debt. If the debt is as high as you imply, you're probably not going to walk away free of it. You may very well have to sell some assets to pay your share of the debt.

With the above as a guide (half of the marital assets and half of the marital debt), you're going to need to figure out where you are before you start to negotiate anything. It's probably not realistic to think you're going to walk away with a chunk of the assets but no debt.

 

[wolfthing2000]

I understand your reply. Tax debt etc. could lead to liens and garnishments.

Friends say if it is important to you to save (not vehicles, they have joint titles) then sell the stuff to a close friend for a dollar or say you sold it to pay bills, whatever, lost it in a poker game etc.
I don't know if saying things are sold is a wise legal move******************************************.ie: " I sold the camping equipment to pay my lawyer" " I had to sell the stereo to pay my Doctor" etc.


Meanwhile the thought runs through my mind,,,,,,,,without a will stating where my family stuff should go, to my sons, if i died today, she could walk in and take it all.
Bottom line: I wish to move my personal treasures out of here and secure there well being from this dangerous situation of divorce. The thing started with a threat to my life, actualy many threats before i got up and got the restraining order and filed for divorce. There have been mysterious occurences and dissapearances of animals and other "vendeta" type activity in the last 11 months****************************even to the point of one of her friends husbands trying to destroy my name at work until I called him on it and reported him to Human Resources at work. He is most likely behind some of the mysterys that occur around the property.

I need out of this bad and i am grabbing the important stuff.

I just need advice that doesn't seem to come from attorneys******************************************it seems to me the processes of divorce are almost too rehearsed for them and callused****************************...I am not rich and I am way too affected by sensitivity.

 

[LdiJ]

I understand your reply. Tax debt etc. could lead to liens and garnishments.

Friends say if it is important to you to save (not vehicles, they have joint titles) then sell the stuff to a close friend for a dollar or say you sold it to pay bills, whatever, lost it in a poker game etc.
I don't know if saying things are sold is a wise legal move******************************************.ie: " I sold the camping equipment to pay my lawyer" " I had to sell the stereo to pay my Doctor" etc.


Meanwhile the thought runs through my mind,,,,,,,,without a will stating where my family stuff should go, to my sons, if i died today, she could walk in and take it all.
Bottom line: I wish to move my personal treasures out of here and secure there well being from this dangerous situation of divorce. The thing started with a threat to my life, actualy many threats before i got up and got the restraining order and filed for divorce. There have been mysterious occurences and dissapearances of animals and other "vendeta" type activity in the last 11 months****************************even to the point of one of her friends husbands trying to destroy my name at work until I called him on it and reported him to Human Resources at work. He is most likely behind some of the mysterys that occur around the property.

I need out of this bad and i am grabbing the important stuff.

I just need advice that doesn't seem to come from attorneys******************************************it seems to me the processes of divorce are almost too rehearsed for them and callused****************************...I am not rich and I am way too affected by sensitivity.

The one thing that you absolutely cannot do is dissipate marital assets. Selling things to a friend for a dollar is clear cut dissipation and would get you hammered in court. Don't take that advice.

Selling assets to pay for necessities (basic living expenses, your lawyer, medical care) is acceptable but you still have to account for the fair market value of the sold assets, in the property settlement.

Put together a net worth statement to see exactly where there two of you, combined, stand in terms of assets and debts. Leave out the premarital assets.

If you leave, you can certainly take the things that are important to you, with you. However, again, you will have to account for them.

Avoid foreclosure at all costs. It will simply tank your credit and make the marital property settlement more complicated. Even a short sale is better than a foreclosure. The sooner you get the properties on the market, the better.

Yes, if you end up with equity in real estate, that can be exchanged for other assets. However, so can your share of the equity in her car and/or any other assets she holds.