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Master of the Estate
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Hey guys, got a question for you since Tina's lawyer is basically useless.

3 years ago when her parents sold their house in NH, they gave Tina and the (soon to be) Ex some furniture with the understanding that when they bought a new place that they would take it back. Basically a 'store it, use it until' situation.

The Ex is trying to claim they own it and therefore he deserves 1/2 of it's appraised value.

Her Father (mother has since passed) will be in FL when the divorce goes to trial. Tina's lawyer says a deposition isn't good enough and that he has to be in court as a witness. Does this seem right?
 

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6,933 Posts
Not a lawyer, but my 2¢...

If it was a "...use it until...then give it back..." situation, the furniture was on loan and not donated. Tina and soon-to-be ex only had custody, not ownership, so it's not joint ownership. Probably some sort of written document would have prevented this, but who would have thought...

Anyway, a deposition by the father asserting ownership and the condition of the loan should be sufficient.

Like I said, my 2¢...

Pete, a word from the wise should help........
 

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Tell Tina's lawyer to notice a deposition IN LIEU OF LIVE TESTIMONY....that will be sufficient...this equitable distribution concept applies only to items accumulated during the marriage AND INTERMIXED.


Also a "bailment" was created.....title never passed nor was it intended to


But then what the hell do I know? All I know about New Hampshire law is that you gotta use the "snow shovel factor" , and Florida law is that you gotta wear a Jimmy Buffet shirt to get drinks after 5.....
 
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