question on title of property during separation

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Latest post Wed, Sep 14 2016 2:02 PM by karen2222. 12 replies.
  • Mon, Sep 12 2016 10:14 AM

    • BUTT3RFLZ
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    question on title of property during separation

    I bought a shed last year for $3500. My spouse and I are in the middle of a separation, he informed me he sold it to his father a few months ago. Can he do this? I am in possession of the title, yet he says he as a receipt for the sale. What are my options? If any?

  • Mon, Sep 12 2016 12:42 PM In reply to

    Re: question on title of property during separation

    BUTT3RFLZ:
    Can he do this?

    If he did do it, then it is axiomatic that he can do it.

     

    BUTT3RFLZ:
    I am in possession of the title

    I have a hard time believing that the State of Arkansas (or any other state) issues certificates of title for "sheds."

     

    BUTT3RFLZ:
    What are my options?

    Presumably, the shed is a marital asset, in which case, this can be worked out when/if you divorce.  If you don't divorce, then it's simply a matter for two spouses to work out between themselves.

  • Mon, Sep 12 2016 12:51 PM In reply to

    • BUTT3RFLZ
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    Re: question on title of property during separation

    It is a cottage, I do infact have a title w/the serial number on it. I understand it is a martial asset. However, my question was is he able to sell something that is specifically in my name only. While being separated? 

  • Mon, Sep 12 2016 1:40 PM In reply to

    Re: question on title of property during separation

    If the shed is in your name then tell FIL the shed is yours and is not going anywhere. He will have to have his son void the sale. Keep the title of course. Ask for the shed in the divorce if you want it.

  • Tue, Sep 13 2016 9:54 AM In reply to

    Re: question on title of property during separation

    That you're separated is of no relevance whatsoever.  As I wrote previously, he can do anything that he did do.  I assume your intent was to ask whether the sale was legal.  If this is actually a titled asset, then the sale would not be valid without a transfer of title (no different than a car or a home).  However, I'm still not clear on the concept of a certificate of title for a "shed," which you've now changed to be a "cottage."  Who issued the certificate of title?  Is it a manufactured home?  I have a hard time believing that anyone would refer to a titled, manufactured home as a "shed" (which makes one think of something like this).

  • Tue, Sep 13 2016 3:13 PM In reply to

    • Drew
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    Re: question on title of property during separation

    ON what/whose  land is /was the shed/cottage situated.?

    In some instances, a "shed" which is permanently afixed to a foundation might become part of the property ? 

     



  • Tue, Sep 13 2016 5:01 PM In reply to

    • Drew
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    Re: question on title of property during separation

    Apparently  AZ recognizes two forms of titles....one akin to a motor vehicle for a manufactured home not affixed to land ...and another that runs with land title if you afix home to land and convert the title .

    A quick read suggests that a mere bill of sale does not convey title .....

    So where is cottage now located .....

     

     



  • Wed, Sep 14 2016 4:46 AM In reply to

    • Drew
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    Re: question on title of property during separation

    BTW...are you deprived of the use of your cottage....look up the definition of theft in your state ....



  • Wed, Sep 14 2016 6:16 AM In reply to

    • BUTT3RFLZ
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    Re: question on title of property during separation

    It is not permanetly affixed to a foundation. It is on cinder block. I wish I could post a picture so it would lessen the confusion as to what it is. It is a Dersken, they make sheds, cottages, garages etc. This is a 10x18, with windows. The intention was to make it into a cottage. 

  • Wed, Sep 14 2016 6:18 AM In reply to

    • BUTT3RFLZ
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    Re: question on title of property during separation

    I actually live in Arkansas. So wasnt sure of the of the "trump" with the  bill of sale vs. title here in my state :( 

  • Wed, Sep 14 2016 6:19 AM In reply to

    • BUTT3RFLZ
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    Re: question on title of property during separation

    I am not deprived of the use. It is still on my property, I just wanted to know if there was anything I could do in the event my FIL tries to have it moved from my home. 

  • Wed, Sep 14 2016 6:45 AM In reply to

    • Drew
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    Re: question on title of property during separation

    ARkansas also recognizes two forms ..a la motor vehicle and as part of real estate if afixed to foundation .

     

     

    Look up definition of theft in your state 

    If not living with hubby in a home jointly owned, notice FIL in writing not to trespass ? 



  • Wed, Sep 14 2016 2:02 PM In reply to

    Re: question on title of property during separation

    BUTT3RFLZ:

    I bought a shed last year for $3500. My spouse and I are in the middle of a separation, he informed me he sold it to his father a few months ago. Can he do this? I am in possession of the title, yet he says he as a receipt for the sale. What are my options? If any?

    Some options include:  calling your FIL to ask whether your husband was telling the truth, assuming your husband was just saying that out of spite because he knew you were especially in love with that shed, and asking the divorce lawyer who you have of course already talked to what he or she thinks about this.

    I must say I have never heard of a title for a building that doesn't have wheels and axles like a manufactured home does, and my quick attempts to google movable-building titles in Arkansas were unsuccessful.  Is this a vehicle title issued by the Arkansas DFA Motor Vehicle Office?

    Ultimately, regardless whose name is on the title, both spouses have rights to all marital assets.  Only if you carefully documented that you bought this shed using money that was yours before the marriage or that you received as a gift or inheritance to you alone, money that you also kept in a separate account just for your separate money the whole time you were married, only then is the shed clearly yours and not your spouse's as well.

    Anyway, you know him better than I do, of course, but unless he is an idiot my strong suspicion is that he was just messing with you, and hasn't actually sold (tried to sell?) the shed.

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