Documentation problems

[Jolly Roger]

Spot-on Island Time 025! I couldn’t have explained it better if I had tried—but I assumed people would see the underlying logic of my suggestion, and I think most did.
There is absolutely no harm in him trying to find a buyer, and see what happens. It will be a hard woman who rejects a cash settlement, even if she "hasn’t spoken to him in a year,” and faced with the alternative prospect of litigation.
If he lands a buyer, that will be the time to pay a lawyer to draft a settlement offer—or else.

[rwidman]

Originally Posted by Jolly Roger

......... There is absolutely no harm in him trying to find a buyer, and see what happens. ...........

Of course there is. Most buyers are going to be pretty pissed off if they travel to see a "boat for sale" and spend a lot of their time only to find out that the seller doesn't actually own the whole boat and cannot actually sell it.

A competent lawyer will know exactly how to deal with this issue (it's not the first time this has happened) and the expense won't be that much, perhaps a few hundred dollars.

[Jolly Roger]

Obviously John must tell any prospects up front what the situation is. As Island Time 025 spelled it out. “As long as one does not hide that fact during the negotiations.....” And a prospect might well see other advantages.

Just to make it very clear: Neither IT025 nor I have suggested that John could actually “sell” the boat, without the other parties agreement—assuming that is the agreement. But if he found a buyer if would surely influence any future negotiations with the woman, through a lawyer or otherwise.

He has however already said he has spent enough on the boat, so how will engaging a lawyer at this stage help? And what would he get for, “a few hundred dollars,” a threatening letter? The woman has already refused to accept any correspondence or contact.

Anyway John now has a few suggested options. Perhaps he will advise us how it eventually pans out.

[MarkSF]

In my opinion, the only ethical thing to do would be to explain the situation right in the advert. I would be highly annoyed if I traveled a long way to see a boat, and THEN found out that it wasn't actually possible to buy it.

[Cheechako]

Originally Posted by denverd0n

This is going to require legal action. You need to be talking to a lawyer, not a bunch of strangers on an internet forum.

Good luck.

I would do this... If she has not responded to certified mail etc, she will have to be served. Do you know where she works? It may be as simple as posting a legal notice in a newspaper etc... not sure... were you married? are you divorced?

[deanowens1966]

I will avoid the ethical and moral issues entirely but to say, those who have posted previously have spoken wisely. Seek competent, local legal advice to resolve this issue. All I can add is:

'Hell hath no fury...'

You know the rest.

With this said, I almost bought a Jenneau 42(?) During the mid eighties with similar circumstances. When it was time to make an offer, it was going to take months to work out the details. We opted to NOT make an offer.

In November, I looked at a boat about 130 miles from where I live and because the original owner didn't pay the slip fees, it had a lien on it and couldn't be sold by the gentleman who had purchased it from the original owner. The guy trying to sell it to me had no right to sell it in the first place.

Needless to say, I'm still boatless.

(SIGH)


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[oldragbaggers]

There is a process, at least here in Maryland, whereby marinas and boat storage facilities are able to file for title to boats based on their being abandoned by their owners. I don't have first hand knowledge but wonder if there would be a process that the OP could use to do the same?? I am sure that whatever the process is, it would probably be different in different jurisdictions, or maybe not if a documented boat. As others have stated, you can either do your research or ask an attorney. You might start with calls to the USCG documentation office and the vessel registering authority in the area where you live.

[rwidman]

Originally Posted by Jolly Roger

.................. He has however already said he has spent enough on the boat, so how will engaging a lawyer at this stage help? And what would he get for, “a few hundred dollars,” a threatening letter? The woman has already refused to accept any correspondence or contact..

Engaging a lawyer at this stage is the only way he will know what legal steps he must take so he can legally sell the boat. It doesn't matter that he has "spent enough on the boat", that is irrelevant.

Have a medical issue, you see a doctor. Have a legal issue, you see an attorney.

[letsgetsailing3]

Originally Posted by Cheechako

I would do this... If she has not responded to certified mail etc, she will have to be served. Do you know where she works? It may be as simple as posting a legal notice in a newspaper etc... not sure... were you married? are you divorced?

From what's been provided here, we don't know what was in the certified mail. Since it was certified mail, I'm guessing things aren't on good terms. Sending a list of expenses to your partner does not qualify as an attempt at reconciliation.

My suggestion was to try and resolve this peacefully as possible. Be pragmatic and cut a deal. This should be done before lawyers are engaged. Lawyers and the court system should be seen as a last resort, as they will cost more than the friendly approach.

I wouldn't reach for the battle ax if there is any chance at a peaceful resolution.

I definitely wouldn't try to sell the boat without resolving the partnership issues.

[Cheechako]

He cant sell the boat unless she signs off.
There is another option: just use the boat! As an owner I don't think she can prevent him from doing so... the problem is likely that he wants to spend money on the boat and doesn't want to eventually give that money to her...?

He either has to contact her and say "look, you probably want $10k and so do I, so can we work together on this?" or get legal to make it happen.
Even if he spends $5k on legal, it's better than nothing!
I would probably go to where she works and give her the "pitch" by catching her when she gets off work or something.
I see boats and houses that have sat for years with no resolution. that doesn't work for anybody...

[letsgetsailing3]

Go rent "War of the Roses" with Michael Douglas and Kathleen Turner.

You'll likely know what to do next.

[Dulcesuenos]

It won't be too expensive, get an atty, you can prove abandonment

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[tdominic_97]

There is always so much more to these stories. I would hate to even try to guess. Always packed full of "he said, she said".

[deanowens1966]

Originally Posted by tdominic_97

There is always so much more to these stories. I would hate to even try to guess. Always packed full of "he said, she said".

Yeah, What 'He said..' When I almost bought the Jenneau it was with my EX wife and it would have been the same type situation as this guy is in... Oh well, live and learn.

I hope it works out well for him.

[CarinaPDX]

Originally Posted by deanowens1966

In November, I looked at a boat about 130 miles from where I live and because the original owner didn't pay the slip fees, it had a lien on it and couldn't be sold by the gentleman who had purchased it from the original owner. The guy trying to sell it to me had no right to sell it in the first place.

Not to be too picky, but the 2nd owner did have the right to sell it (assuming his purchase from the 1st owner with a lien was legal). He just had to satisfy the lienholder first, or as part of the deal. What is odd is that the lienholder wasn't paid at the time the 2nd owner bought it from 1st. This is a mess because the 1st owner didn't pay his bills, and apparently the 2nd owner doesn't want to respect the fact that he took over an asset with a lien on it, and thus took over the obligation to pay off that lien. Situations like this are exactly why we (occasionally) need the services of a lawyer.

As for the OP there are too many unknown details for anyone to make a sound recommendation, other than to get a lawyer involved. Short of that (but not necessarily a good idea) it might be possible to collect on her share of expenses through small claims court (no lawyer involved). If it can be established that she is responsible for half the ongoing costs she might be willing to come to terms rather quickly. After filing you will need to have a subpoena served on her - she will have to show in court or risk a default judgement against her. Just a thought, but you really ought to run it by a lawyer first (I am NOT a lawyer). Other potential avenues are to file for dissolution of partnership, which might see the boat sold at auction. You REALLY need a lawyer to sort out your options, which will depend on your state's laws and your specific agreement/paperwork with your ex.

Greg