Shoplifting, Larceny, Robbery, Theft Is contested community property "stolen?"

[Pixster]

I bought some very expensive dolls from a man who said they were his as part of a divorce settlement. I paid with a check and got a receipt. Now two weeks later the spouse is claiming they were not his to sell. She says she will take him to court to recover the dolls and subpoena me.

She came to my house under the pretense of wanting to buy them (I had an ad in a local bulletin board) and brought a police officer with her. I showed her the items but told her I had a receipt and as far as I knew they were legally the husband's to sell. The officer said there was no theft report on the items.

I later got a copy of their divorce settlement which listed property which would go to each person. It said in part that the husband releases all rights to "... doll collection...and other miscellaneous personal property currently in Wife's possession." But the dolls were left at the husband's house 4 months ago and since they were not in the wife's possesion he believes they are legally his to sell.

So far, I haven't received anything from anyone saying that the dolls are stolen, other than the wife's verbal claim. The husband still says they are mine and I can do with them what I want.

Are these dolls legally mine at this point? If the court decides that the wife owns them am I liable for receiving stolen property or any other crime? Will the wife be able to confiscate the dolls without payment? What if I sell them?

 

[seniorjudge]

Since there was a judgment in a lawsuit deciding the ownership of the dolls, you need to follow that.

 

[Pixster]

re: Contested property

Thanks for the reply.

There hasn't been a lawsuit yet, and I haven't been notified officially that there will be one. Ownership is unclear according to the divorce settlement, since it says "doll collection...currently in Wife's possession" belongs to her, but these were not in her possession and may or may not have been part of a collection. The wife made no effort to claim the dolls as hers in the 4 months since the divorce.

How do I know if they are legally mine to sell? Is the wife's verbal claim that they are "stolen" enough to make me have to sit on them until some judgement ensues? I bought these as an investment and need to recoup my costs. If I wait until the wife follows through with a lawsuit it could take months. There are several thousand dollars at stake.

Since there was a judgment in a lawsuit deciding the ownership of the dolls, you need to follow that.

 

[calalily]

Let them duke it out in court over the dolls. You did nothing illegal, but you may have to turn over the dolls if ordered by law inforcement or a court to do so. Then, you could take the husband to small claims to recoup your money. A court could decide she abandoned the property if she had no good reason for leaving it there for four months and left nothing else behind, especially if the husband told her to pick it up or he would sell it. We don't know all the details of what happened between them so I would wait until you are ordered to do
so. I wouldn't sell them though because you know the ownership is in dispute. I don't know what would be a proper amount of time to wait. Anyone else on the forum know what a decent waiting period would be? You could ask the police as well.

 

[CdwJava]

I bought some very expensive dolls from a man who said they were his as part of a divorce settlement. I paid with a check and got a receipt. Now two weeks later the spouse is claiming they were not his to sell. She says she will take him to court to recover the dolls and subpoena me.

Chances are that is now between him and her. Whether she can retain them by default depends on the laws in your state. Generally, at least in my state, even pawned items that are stolen property cannot be simply taken without compensation provided the buyer made reasonable attempts to ascertain ownership. In this case, you made a purchase and obtained a receipt. The least you would expect would be your money back, I would think.

I later got a copy of their divorce settlement which listed property which would go to each person. It said in part that the husband releases all rights to "... doll collection...and other miscellaneous personal property currently in Wife's possession." But the dolls were left at the husband's house 4 months ago and since they were not in the wife's possesion he believes they are legally his to sell.

That's between him and her.

So far, I haven't received anything from anyone saying that the dolls are stolen, other than the wife's verbal claim. The husband still says they are mine and I can do with them what I want.

I would strongly recommend you do NOT sell or otherwise dispose of the dolls until this matter is settled. Or, you sell them back to the husband just to remove yourself from the situation.


- Carl