otsisto wrote:
What I'd like to know is if most of these costumes are made for and worn by
her and her daughter and thus proof of ownership, it therefore should NOT be
shared property unless HE has been wearing the items himself as well.
I think that depends on the state you live in. For example, I live in
California, which is a community property state. Legally half my
earnings and half my personal possessions belong to my husband--and vice
versa. My creditors could attach property in his name, or part of his
earnings--and his creditors could attach my property and earnings.
I've lived happily with the same man since I was 18, so I know little
about divorce. However, the little I've gathered from seeing other
people's California divorces indicates that any financial arrangement
the couple can manage to negotiate together, and legally sign up to, is
valid. For example, if one party is willing to let the other party
retain certain assets, their value doesn't really matter. I've never
known anyone to force liquidation to divide up property for a divorce;
though I suppose someone somewhere must have done it.
So frankly, I think the strategy is for her to convince her
soon-to-be-ex-husband that her partly-worn clothes, in her own personal
size, are of little value or use to him. Probably in return for giving
up something else that _he_ wants, but which is hopefully something she
does not actually want. Of course, that may be exactly what he's doing
claiming her wardrobe--trying to get her to give up her claim to
something _he_ wants much more than a bunch of women's clothes.
Failing that, to hire an official appraiser--and try to get one who will
stress the low value of the wardrobe, its worn condition, unique sizing,
unsuitability for ordinary daily use (after all, we're not talking about
new Prada handbags or diamond necklaces here, something the average
lawyer or jury would attach more value to than historic costume), etc.
Fran
Lavolta Press
http://www.lavoltapress.com
_______________________________________________
h-costume mailing list
[email protected]
http://mail.indra.com/mailman/listinfo/h-costume
