Documentation problems

[sailbocagrande]

HELP!!! My ex partner has abandoned our co-owned documented boat for over 1 year. Efforts to communicate or negotiate have failed due to no response. Question: Does anyone out there have experience in how I can have full ownership transferred to me so I can sell the boat? The boat is only worth about 20-25k and lawyers would quickly eat that up. Any advice would be welcome. Thank you, John

[letsgetsailing3]

Originally Posted by sailbocagrande

HELP!!! My ex partner has abandoned our co-owned documented boat for over 1 year. Efforts to communicate or negotiate have failed due to no response. Question: Does anyone out there have experience in how I can have full ownership transferred to me so I can sell the boat? The boat is only worth about 20-25k and lawyers would quickly eat that up. Any advice would be welcome. Thank you, John

You'd like to have full ownership transferred to you without the consent of your partner?

[sailbocagrande]

My "partner" doesn't exist in that she has not contributed financially for over a year and refuses certified mail with various proposals as to how to resolve this problem. I realize this is a problem for the courts and I was hoping to hear from someone who has experienced similar problems. So unless you can offer concrete suggestions I don't need to here any off handed remarks, thank you.

[travellerw]

I just spoke with the registry up here in Canada about this (registering a boat). Do you know how the coownership is setup? Do each of you own 1/2 the shares, or is it setup where you both are listed at %100 owner (all share in both your names).

If you own 1/2 the shares, then you can sell your half and she can't do anything about it. Might be an idea to sell to someone you trust and then have them try and deal with her. They might get better response by sending a letter from a lawyer on their letterhead.

[MarkSF]

Originally Posted by sailbocagrande

My "partner" doesn't exist in that she has not contributed financially for over a year and refuses certified mail with various proposals as to how to resolve this problem. I realize this is a problem for the courts and I was hoping to hear from someone who has experienced similar problems. So unless you can offer concrete suggestions I don't need to here any off handed remarks, thank you.

If you don't want off-hand (off handed is not the correct term) remarks, you shouldn't have posted your question on the internet.

I love it when people pose a question and then complain about the quality of the response. How much are you paying for our advice, again?

[letsgetsailing3]

Originally Posted by sailbocagrande

My "partner" doesn't exist in that she has not contributed financially for over a year and refuses certified mail with various proposals as to how to resolve this problem. I realize this is a problem for the courts and I was hoping to hear from someone who has experienced similar problems. So unless you can offer concrete suggestions I don't need to here any off handed remarks, thank you.

She does exist in the sense that she owns half of the boat you have an interest in.

Let me just point out that you haven't provided the information required in order to help you. This is going to come down to the type of ownership, court jurisdiction, and ongoing expenses. Unless you can come to some agreement with your partner, which would be the highly advised route, it's all about a legal solution.

So let's focus on the cooperation end. What type of correspondence have you sent? Requests for her share of the costs? You're in the "cut your losses" phase, so part of cutting your losses is to stop the bleeding and cooperate in getting rid of the asset, as opposed to some "fair" proposal that holds her feet to the fire for some prior costs.

So the smart move may be to find a way to cooperate and divest yourself of the boat, even if it means overlooking past expenses.

I'll put it a different way. Compare the amount your partner owes on past expenses to the legal+ongoing boat storage and maintenance fees. Factor in that the best time to sell a boat is spring.

That will likely tell you the correct next move.

[boatpoker]

Originally Posted by MarkSF

If you don't want off-hand (off handed is not the correct term) remarks, you shouldn't have posted your question on the internet.

I love it when people pose a question and then complain about the quality of the response. How much are you paying for our advice, again?

A liitle too much caffeine today?

[Arthur Garfield]

Do ACTUAL legal research.
File in civil court.Send the other party summons.
Have all your individual expenses on paper.Calculate documented costs.
Present to judge.
If other party doesn't show it'll be summary judgement in your favor.
Full ownership(?) yours now to sell legally.
Going to cost you something though.Lesson learned.
Sorry.


All the Best

[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.

[Jolly Roger]

I don’t have anything to contribute regarding the legal remedy.
However, if you are intent on selling the boat, and you have possession, why not actively advertise it? If you found a buyer you would then be in a strong position to offer your ex-partner a settlement, which she might be inclined to accept if it meant quick cash.
If you found a buyer at an agreed price, that would also give the value of the boat if, (more like when), it comes to a haggle about value and costs.
There is a large gap between wanting to sell a boat at a certain price, and having a buyer.

[MarkSF]

Originally Posted by Jolly Roger

However, if you are intent on selling the boat, and you have possession, why not actively advertise it?

Because it's not his to sell.

[Jolly Roger]

Well of course it isn’t, we all know that. But it doesn’t stop him trying to find a buyer does it? Then if he happens to find one, he can explain the situation and have a darn sight more leverage than he has at the moment.

[Andy73]

Man that would be frustrating for the buyer... all set to make the purchase etc..

"oops sorry I need to contact my ex who hasn't spoken to me in a year and see if she will accept this offer"

Ouch

[Island Time O25]

Originally Posted by Andy73

Man that would be frustrating for the buyer... all set to make the purchase etc..

"oops sorry I need to contact my ex who hasn't spoken to me in a year and see if she will accept this offer"

Ouch

This is done all the time, especially in estate or divorce forced sales. As long as one does not hide that fact during the negotiations I don't see a problem. Some buyer may even welcome it as a) it will mean lower than the market price and b) many buyers are not ready themselves for various reasons to make a on the spot decision. And the buyer is free to put a time limit in his offer after which he will be walking. Or he may welcome the chance to wait until summer and have the sea trials etc before the closing.

[rwidman]

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.

Exactly. Legal advice you get for free on the Internet is worth exactly what you pay for it. You need a lawyer, preferably one who deals with marine issues.