Question on subjectivity with respect to grade/value in divorce

[DarthBane]

Wondering if anyone has any thoughts or unfortunate experience in this sort of scenario. This individual is not a personal friend but someone in business network circles.

 

All of his comics are raw. Has a bunch of keys along with some pretty stellar runs.

Looks like his marriage is unfortunately toast. Estimating about 60% of his entire collection was purchased while married. His wife seems to think his collection is worth zillions of dollars; no thanks to all the million dollar hype on a couple of those Action #1 comic finds/auctions in recent years.

 

What if she gets an appraiser that comes in and generously grades the comics and/or assesses much higher unrealistic market values? Could he get stuck either having to buy out her inflated entitled portion to his collection in order to keep it vs. liquidating now and just splitting that loot?

 

That latter option might be cheaper, however its a big conundrum because allot of his comics just don't show up everyday on eBay - some in years. Any input appreciated. Thanks.

[Aman619]

She has a lawyer. He has a lawyer. It all comes down to a negotiation. If her appraisal is too high, he gets one that's too low. Lawyers argue it out.

 

His best plan would be to share his comics with her fairly. At least the ones she knows about, that is! That other box of keys he keeps at the office just doesn't exist, does it?

 

You could say it serves her right for never taking an interest in his hobbies!

 

...assuming she's the bad guy in this divorce of course. Not blaming her or taking sides. Just responding to the apparent unfairness of her potentially trying to get more than half the comics are really worth.

 

 

[Transplant]

Do it the way I've seen it done in divorce cases where property value is at issue. Have one party assign the value and let the other party pick the property. Too high a value, you get stuck with it. Too low, the other party will take it.

[mrmyst]

Oh, God. Speaking from experience, it's gonna suck any which way. We went through a mediator, no lawyers. My ex accepted my conservative value placed on my books. I kept them and made it up in cash.

[VintageComics]

Oh, God. Speaking from experience, it's gonna suck any which way. We went through a mediator, no lawyers. My ex accepted my conservative value placed on my books. I kept them and made it up in cash.

 

Yup. As a general rule, you want to make a peaceful resolution as much as possible.

 

 

[pooroldman]

Another possiblity, if cooler heads can prevail, is for each party to select an appraiser. These two appraisers in turn select a third appraiser whose opinion on price is binding.

[Mmanick]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

[miraclemet]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

 

in a word, yes.

 

Divorce is the division of assets. All the assets get listed, valued and then divided. So the wife's jewelry she bought? It goes on the list just like the comic books. Some couples decide to exclude some items, some do not.

 

 

[Sqeggs]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

 

I'm not a lawyer, but doesn't it depend on your state? Community property laws and all that vary across states, I think. There's always a prenup, although you would probably need an appraisal so you can you show that she knew what she was giving up when she signed it.

 

[Mmanick]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

 

in a word, yes.

 

Divorce is the division of assets. All the assets get listed, valued and then divided. So the wife's jewelry she bought? It goes on the list just like the comic books. Some couples decide to exclude some items, some do not.

 

 

So in a divorce if the ex wife is cool which I'm sure they won't be. Both the parties could decide I don't want you to list my comics and I won't list your jewelry,car etc...

[Mmanick]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

 

I'm not a lawyer, but doesn't it depend on your state? Community property laws and all that vary across states, I think. There's always a prenup, although you would probably need an appraisal so you can you show that she knew what she was giving up when she signed it.

 

I live in CA if that helps. Im not sure about a prenup because I honestly feel that would take the romance out of our wedding. I love my GF and want this to be as romantic and cool as can be.

[Sqeggs]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

 

I'm not a lawyer, but doesn't it depend on your state? Community property laws and all that vary across states, I think. There's always a prenup, although you would probably need an appraisal so you can you show that she knew what she was giving up when she signed it.

 

I live in CA if that helps. Im not sure about a prenup because I honestly feel that would take the romance out of our wedding. I love my GF and want this to be as romantic and cool as can be.

 

I was also married in CA, which is -- I think -- a community property state. I think that means all pre-marriage assets become joint property when you marry unless you have a prenup to the contrary.

 

Been married 26 years and haven't thought about it before but I suppose if it came to it, I'd offer her half their value to let me keep my books. Not that my collection is any great shakes, though.

[Mmanick]

How terrible is that. Why does the ex wife get the comics? I just don't get it? So if she has something value able do we as men get that? I'm about to get married my self and have been collecting a lot of keys. What should I do, so god forbid something happen to us and she would try and go after my collection? I've been saving for the engagement ring, wedding and I wish I could put that to a high dollar book ......

 

I'm not a lawyer, but doesn't it depend on your state? Community property laws and all that vary across states, I think. There's always a prenup, although you would probably need an appraisal so you can you show that she knew what she was giving up when she signed it.

 

I live in CA if that helps. Im not sure about a prenup because I honestly feel that would take the romance out of our wedding. I love my GF and want this to be as romantic and cool as can be.

 

I was also married in CA, which is -- I think -- a community property state. I think that means all pre-marriage assets become joint property when you marry unless you have a prenup to the contrary.

 

Been married 26 years and haven't thought about it before but I suppose if it came to it, I'd offer her half their value to let me keep my books. Not that my collection is any great shakes, though.

 

26 years whoa! Hopefully I can reach that and more one day. I'm 25 now but a few years ago I was as promiscuous as they come so for me this is a big step and she's helped me grow up a lot. She also a very beautiful women so that helps I hope I will never have to worry about the dividing of assets, divorce.

[Inaflash]

I went through a very similar situation a couple of years ago. I pulled out all the books I could find receipts for that I had purchased prior to our marriage. The law in this state allowed me to keep those. Most of the books were raw and I assigned a grade and guide value for that grade to each book. Each of us went back and forth picking books based on guide until one of us reached half the value for the collection and the other person got what was left in addition to what had already been picked. I simply could not afford to buy her half of the value of the books, nor did I want to. We both felt like this was a fair solution.

 

Ken

[mintcollector]

She has a lawyer. He has a lawyer. It all comes down to a negotiation. If her appraisal is too high, he gets one that's too low. Lawyers argue it out.

 

His best plan would be to share his comics with her fairly. At least the ones she knows about, that is! That other box of keys he keeps at the office just doesn't exist, does it?

 

You could say it serves her right for never taking an interest in his hobbies!

 

...assuming she's the bad guy in this divorce of course. Not blaming her or taking sides. Just responding to the apparent unfairness of her potentially trying to get more than half the comics are really worth.

 

 

Why is it every girl I date takes TOO much an interest in my collecting hobbies and related pursuits? I met several women at auctions...big mistake my fellow collectors! They know what you spend and what you have...

 

 

[Bo_Hogg]

Rule # 1 NEVER GET MARRIED!!!!!!!!!!!

 

I follow in the great footsteps of Bill Maher, George Clooney, Oprah Winfrey

 

I share my comics with NO ONE!!!!!!!!!!!!!

 

Bachelor for life baby!!!!!!!!!!!!!!!!!!!

[Mmanick]

I went through a very similar situation a couple of years ago. I pulled out all the books I could find receipts for that I had purchased prior to our marriage. The law in this state allowed me to keep those. Most of the books were raw and I assigned a grade and guide value for that grade to each book. Each of us went back and forth picking books based on guide until one of us reached half the value for the collection and the other person got what was left in addition to what had already been picked. I simply could not afford to buy her half of the value of the books, nor did I want to. We both felt like this was a fair solution.

 

Ken

 

Wow! So what did she end up doing with the books sell them,auction etc....

[sfcityduck]

I'm an attorney in California. Here are two general principles:

 

1. California is a community property state. That means that the property you acquire during the marriage is owned by you and your wife. That will include the comics you buy. They are hers. And if you get a divorce, she's entitled to half their value.

 

2. Property you own prior to the marriage, or which is gifted to you during marriage, is separate property. If you are concerned, inventory your comics prior to marriage (preferrably with photos and evidence of date) to document your separate property. A divorce attorney probably would tell you to get a prenup if the value is significant. I'm not that kind of attorney, so seek out advice if you feel it is a real issue.

 

Finally, if you are divorcing, don't try to hide your comic assets. That's a great way to lose it all. Dishonesty and theft aren't worth the consequences, civil and criminal. The classic example is a couple where one spouse tried to hide a winning lottery ticket. The other spouse got the full winnings in the divorce.

 

 

 

[Mmanick]

I'm an attorney in California. Here are two general principles:

 

1. California is a community property state. That means that the property you acquire during the marriage is owned by you and your wife. That will include the comics you buy. They are hers. And if you get a divorce, she's entitled to half their value.

 

2. Property you own prior to the marriage, or which is gifted to you during marriage, is separate property. If you are concerned, inventory your comics prior to marriage (preferrably with photos and evidence of date) to document your separate property. A divorce attorney probably would tell you to get a prenup if the value is significant. I'm not that kind of attorney, so seek out advice if you feel it is a real issue.

 

Finally, if you are divorcing, don't try to hide your comic assets. That's a great way to lose it all. Dishonesty and theft aren't worth the consequences, civil and criminal. The classic example is a couple where one spouse tried to hide a winning lottery ticket. The other spouse got the full winnings in the divorce.

 

 

Wow, well she ended hitting it big with the lotto winner. I guess the only real way to escape this is to make your marriage work for each other.

 

[Sqeggs]

Property you own prior to the marriage, or which is gifted to you during marriage, is separate property.

 

Interesting. I had misunderstood that. Actually, I long ago sold most of the books I owned prior to getting married. Be interesting to know -- in a sort of pointlessly nosey sort of way -- how often a comic collection becomes a contested part of a divorce.