deleted - thanks Jim

[hcv123]

[iwantitiwinit]

A few things will be important here i would think (all conjecture on my part), 1) when you acquired the items in your collection pre or post marriage, 2) the divorce laws in your particular state and 3) whether you had a pre-nup agreement and what is specified in said agreement.

You might be able to keep the collection (if she agrees), but would owe her 1/2 its value that could be satisfied by giving up other assets.

As to whether you can regain possession prior to the final divorce decree I don't know.

[hcv123]

[Exhibitman]

Without knowing which state it is impossible to say. If you operated a business during the marriage in a community property state the income may be community and the cards bought with it might be a mix of community and separate assets. Even if not the card income might be considered for purposes of establishing support.

Assuming the asset is truly separate, you should react as you would if any third party had possession of a corporate asset. First demand (not ask) for the cards. Judges really like to see efforts to resolve things before running to court. If you are reasonable and she is not that carries weight. If asking doesn't work go to court and get a writ of possession as an officer of the corporation and/or sue her for conversion.

This advice is completely gratuitous and I don't represent you so you need to go to your lawyer.

[Leon]

I think there are a few NY lawyers on the board. IN the past I have traded cards for legal help with long contract forms.

I too would probably seek an attorney if I were you, as much as I hate to say that. In Texas if you had accumulated the collection after and during your marriage, I believe it would be 50/50 community property. I am not a lawyer and that is just what I have always heard and believe.

[thescooper]

I know a man!!

[murphusa]

You never move out, never

[7nohitter]

Originally Posted by hcv123

No pre-nup. I formed an s corporation back in the 1990's that owns my collectibles - I have run it as a separate business (annual tax returns and all) - only proceeds from the business have been reinvested in new purchases during the length of the marriage - no marital funds. I ran the business out of the marital residence and continued to do so during a period of separation from November of 2013 through July of 2015. At that point due to other circumstances that came up - under (poor?) advice from my attorney - I agreed that she would have exclusive occupancy of the marital residence.

So I'm guessing this is not amicable? It's not as if you could just call her and say, "Hey, I want to swing by and grab some of my stuff."?

[1952boyntoncollector]

laywer fees can quicky become more expensive that the value of the cards...or half the value if thats what you get..

whoever comes to their senses because of lawyer fees usually loses..

[perezfan]

Originally Posted by 1952boyntoncollector

laywer fees can quicky become more expensive that the value of the cards...or half the value if thats what you get..

whoever comes to their senses because of lawyer fees usually loses..

Having been through this, I can assure you that's true. The attorney fees will quickly eat into the value of your collection. Be prepared for at least a 50/50 split of the value. Mine was worse (55/45 in HER favor) due to liberal and so called "Fair and Equitable" Washington State circumstances.

Just try to agree on a total valuation without having to throw extra money at an appraiser or attorney. If it gets nasty, unfortunately you may have no other choice

[hcv123]

Originally Posted by murphusa

You never move out, never

I know that now

[hcv123]

deleted

[Maddog]

Some other points you may want to think about:
1) Was the S-Corp formed pre or post marriage?
2) Is the ex listed as a shareholder of the S-Corp?
3) If you filed tax returns for the S-Corp, I assume that there were some profit making transactions. If so, I would treat the collection in the home as "inventory", hence business assets, and demand access to them for "business purposes"

[esd10]

in a divorce all assets have to be split 50/50 that includes the collection if acquired during the marriage but if you could take part of your assets in the collections value.

[1952boyntoncollector]

Originally Posted by perezfan

Having been through this, I can assure you that's true. The attorney fees will quickly eat into the value of your collection. Be prepared for at least a 50/50 split of the value. Mine was worse (55/45 in HER favor) due to liberal and so called "Fair and Equitable" Washington State circumstances.

Just try to agree on a total valuation without having to throw extra money at an appraiser or attorney. If it gets nasty, unfortunately you may have no other choice

right id rather have a 52 mick than pay that in attorney fees and lose half anyway

[ooo-ribay]

I'm sorry to tell you about my buddy (in California)....he acquired 95% of his many collections before he met his gold digging ex but she still ended up with half, even though he fought tooth and nail.

[Maddog]

Originally Posted by esd10

in a divorce all assets have to be split 50/50 that includes the collection if acquired during the marriage but if you could take part of your assets in the collections value.

Not necessarily the case. State law varies and there are rules governing source of funds used to make the purchase. Not an attorney but have been involved in cases on the tax side that makes good records very important.
Best advice, make sure your attorney is a matrimonial attorney and not someone who tries to do several different areas of law.

[Jantz]

Originally Posted by esd10

in a divorce all assets have to be split 50/50 that includes the collection if acquired during the marriage but if you could take part of your assets in the collections value.

Not entirely true.

When I was at the end of my sentence...um, I meant marriage , I was informed by the judge that if either person in the divorce missed a single monthly utility bill or mortgage payment that the other person involved would retain ownership of the house and it's contents.

The OP needs to call his soon-to be ex wife's lawyer and ask them if they want paid in two weeks or two years. This works well.

[murphusa]

Every time I see this thread I laugh. But here is some advice

1. You never move out of the house
2. If you do, you take everything with you
3. Get a good Attorney that does divorces. it pays
4. Don't ask for legal advice in a forum, it doesn't pay
5. After you do tell everyone that your lawyer is a putz and your wife is taking you to the cleaners, and you think the advice here is going to help you, "Google" yourself to see if the forums content is displayed on Google. It is, so now both your wife, Attorney and everyone else knows you messed up.
6. Purchase your next memorabilia item, a crying towel, your f*cked

[Maddog]

+1

[hcv123]