but it all belongs to elyse, she gave it to bill, so its all hers, so she had every write to sell it for a dollar. she tells him in the office "i gave u all of this things" as love tokens, anniversary gifts, well now she is taking them back.
as for reselling them at high value, yea she can do that, the value of the items never affected by her giving them away for a dollar.
a good example i guess would be if someone gave their spouse an antique as a present, and they got a divorce and they took it back to sell and divide the amount, so she gives the antique to a friend for 5 bucks, splits that with the ex, and the friend takes the antique to a place gets it appraised and is told its worth 10,000 dollars so sells it for that amount.
--------------- "Hey, you wanna go see a movie?" *beep* that & *beep* you" - Dane Cook
Shorty, you are going on a false premise. A gift is a gift. You lose all rights to it when you give a gift. You cannot take it back. It's not yours. Your example would not hold up under the law, no matter how much or how little you got for it.
I guess it's like looking at clouds. You see one thing and I see another. Peace.
It reminds me of when I was in High School. One day a classmate arrives driving a BMW! We all asked what the story was, and he said that he had seen it advertised in the classifieds as 'brand new BMW $25' and he decided to call and find out. It turns out the husband had run off with some hot tootsie (I think it was Hawaii) and had called home for some cash. He had the b@ll$ to ask his wife to sell the car, and wire the money to him. So, she did. All $25 of it.
When I saw this movie, it reminded me of this experience. What can I say. Odd? Yes. Impossible? No.
What a woman will do for revenge--- wouldn't happen if men weren't such pr!ck$
It reminds me of when I was in High School. One day a classmate arrives driving a BMW! We all asked what the story was, and he said that he had seen it advertised in the classifieds as 'brand new BMW $25' and he decided to call and find out. It turns out the husband had run off with some hot tootsie (I think it was Hawaii) and had called home for some cash. He had the b@ll$ to ask his wife to sell the car, and wire the money to him. So, she did. All $25 of it.
When I saw this movie, it reminded me of this experience. What can I say. Odd? Yes. Impossible? No.
The class of this story in Snopes is a white bullet, which mean it could be true or not, and some legends that describe events known to have occurred in real life are also put into this category if there is no evidence that the events occurred before the origination of the legends.
So sometimes people see the legend and then Make it true LOL.
The story about the poster's friend could possibly be true, but since the earliest known version is from 1948, I doubt it originated from there. While it is possible that the jilted wife was inspired to sell the BMW after hearing or reading about this urban legend, the exact details (scorned wife, cheating husband running off with another woman, calling/writing to sell the car and wire him the money, the newspaper advertisement, the new car owner being a male, and the wife sharing this story with the new owner) make it seem to be based "too closely" to the legend to suggest that this was a case of ostension.
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I know for a fact that this situation can happen... I went with my cousin to see a Harley Davidson motorcycle that he saw advertised in the paper for $50.. I told him that if in fact it was a real Harley, it must be totaled or something was wrong with it.. well, it ended being true, the lady who was selling the bike was selling his husband's most appreciated possesions because they were getting a divorce 'cause he was cheating with his secretary.. so, it is absolutely posible!!!
I encountered a similar story from a friend of mine. His Dad brought home an almost new Bentley to his Mom. Some man had died and instructed in his will that his car was to be sold and the proceeds given to his "secretary." So his widow held an auction. All she told the prospective buyers was that there was a working car behind the closed garage door. My friend's Dad had bought the Bentley for something like $200! No one else wanted to take much of a chance. ==========
"She could have sold them for 2 cents if she wanted to. "
This actually isn't true. I'm a Law student and we just discussed a case like this (which is actually why I'm at these boards, because we could watch/analyze First Wives' Club for extra credit) and there are laws protecting people from having this happen to them. The sale must reflect a reasonable amount of the actual value of the item.
I'm not saying it doesn't happen in real life or anything, but it's not legal.
You're in law school in 2010.... I know laws get changed all the time... this movie was made in 95....Could be a reason why they changed the laws....bunch of divorces gettin ideas....:)
jarn, I think you are an idiot. Sorry, but that's my opinion, if you honestly think that the divorce laws have changed that much since what, 1995?
Things do happen when spouses sell things when there is strife in the marriage, such as when one spouse is out of town, if the other spouse holds title to a vehicle, they could sell it free and clear for any amount they chose without the other spouse interfering. Once they got back in town, there is nothing they could do to reverse the sale if they did not hold title on it. Depending on the laws of their state, they may be entitled to half of the sale price.
What ohcontempt is talking about (and what applies here to Elise and Bill), is that they have begun the divorce process. Once this has begun, you have to divide all of your belongings into individual property and joint property (marital property). Each spouse keeps their own individual property. It is the joint property that each state's laws says how they are divided. Here Elise and Bill had an agreement that they would be collected and sold and the proceeds divided. Here is where the law comes in:
Like ohcontempt said, things have to be sold for what is considered a reasonable amount. This protects a poorer spouse from having done to them what a rich spouse like Elise did to Bill. If Elsie had sold a bunch of stuff for very little before they filed for divorce, it would be a different matter.
There are a lot of laws in place to protect people going through a divorce. It's just people who have not been divorced don't know about them.
You and ohcontempt are wrong. The only way this could come back to haunt her is if she re-purchased the items for herself after selling them as advised by the court. Also, keep in mind, a judge did not tell her to sell the items. It came up during a meeting with their lawyers. It was Bill's request, and since she could have still fought it out in court, she had every right to sell at whatever price she wanted. Bill would have to sue her in court and prove she did it maliciously.
macgirl66, yes laws CAN change in the space of 15 years. In fact, once a new law has been passed, it can change overnight! I also studied law, and have kept track of how much our family law in the UK have changed since I obtained my degree. It's a lot! I was gonna let you *beep* me, but I got my rag, and I know how you hate a mess
right? I'm happy that Im an idiot apparently. Lets ignore the fact that the divorce rate only begun to pick up in the nineties, which people doing things like this could be the reason laws were changed. 15 years isnt long enough to change laws?!?!? It took 10 for gay marraige to go from being illegal to legal in all 50 states. I dont think Im the idiot in this situation....
It may have been legal. In New York. At that time. • Laws change — constantly. • Plus, this country is "gifted" with fifty different sets of marriage and divorce laws.
So: What was the law in New York State in 1996?
Besides: I'm reasonably sure that, regardless of any real law, the bit was just here for laughs.
I remember when Cleopatra went to the Temple of Ra to lead a few cheers.
Scary? I find that degree of "literal" to be amusing. TV has used it to humorous effect for many years: • "My Living Doll" Robert Cummings is a NASA engineer suddenly given charge of a robot that looks like Julie Newmar. • "Star Trek" (TOS) The famous exchanges between Spock and McCoy — or Spock and anyone else using a figure of speech. • Star Trek: The Next Generation" Ditto with Data. • Buffy, the Vampire Slayer" (The Series) After the Anya character became human and had to interact with regular people.
In that vein, so many of the remarks in these boards appear to deny the very existence of: • figures of speech • metaphor • simile • poetic imagery • exaggeration for effect • out-and-out lying (by any character) (for any reason).
These must been the people who were hitting all the video shops in 1995 looking for Apollo 1 thru 12.
--- "The time has come," the Walrus said, "To talk of many things," Of atoms, stars and nebulæ, of entropy and genes. ---
Actually, she couldn't legally sell them at all. They weren't hers to sell...They were clearly stated to be gifts. In the law, once given, a gift belongs to the recipient.
I guess it's like looking at clouds. You see one thing and I see another. Peace.
I thought they belonged to him also. So I wasn't sure how they became community property. But once he gave her permission to sell them, ownership must have reverted back to both of them.
Your second life is never like your first. Sometimes it's even better
Oh course she could. HIS attorney gave her the right to dispose of the marital property and give her ex half of the proceeds. Therefore she was within her rights to dispose of the property as she saw fit.