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  1. #1
    Join Date
    Feb 2014
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    Default Is a Third Party Bound by the Terms of a Divorce Judgment

    My question involves a marriage in the state of: Washington
    I paid for the repairs of my friends car (total $1500) and in exchange I received season tickets (the rights to purchase) for a local sports team. This happened while my friend was separated. The judge in the case ruled that the tickets were to be shared on a bi-yearly basis between her ex and me. I have owned these tickets for almost 3 years now and my friend isn't on the account and I have possession of the tickets. Do I, as a 3rd party not joined in the dissolution, have to abide by the judges ruling?

  2. #2
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    Default Re: Is a Third Party Bound by the Terms of a Divorce Judgment

    You are free to go after your friend for breach of contract, in relation to the years when you are not able to buy the tickets due to their belonging to her ex-spouse.

  3. #3
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    Jan 2014
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    Default Re: 3rd Party Judgement

    Quote Quoting marmot44
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    My question involves a marriage in the state of: Washington
    I paid for the repairs of my friends car (total $1500) and in exchange I received season tickets (the rights to purchase) for a local sports team. This happened while my friend was separated. The judge in the case ruled that the tickets were to be shared on a bi-yearly basis between her ex and me. I have owned these tickets for almost 3 years now and my friend isn't on the account and I have possession of the tickets. Do I, as a 3rd party not joined in the dissolution, have to abide by the judges ruling?
    The short answer is no. You do not need to abide by the judges ruling and I'll attempt to point out two obvious reasons why not - one of which you seem to be aware of.

    First I'm going to assume that you are talking about a marriage dissolution involving (as the husband) the guy that had previously traded "rights to purchase" in exchange for your mechanical work and that at that time (pre-divorce) those "rights" or options constituted marital property.

    In which case the idiot of a judge was attempting to distribute marital property not only between a litigant in the lawsuit and someone who was not a party to the law suit, thus lacking necessary in personam jurisdiction to order you to do anything . . . . . BUT attempting to adjudicate a property right that no longer existed!!!

    It would be as equally insane as a finding that the wife and/or husband retained a half interest in any marital personal property that either had individually sold during the course of the marriage. And whomever were the buyers are compelled to share joint ownership. (Jesus, it gets worse the more you think about it.)

    Who sat on this divorce case anyhow, a trained squirrel?

    P. S. And allow me to add that there is a little nicety contained in the 5th Amendment about depriving someone of a property right except by due process of law. Someone ought to wrap that clause around an acorn and leave it on the judge's window sill.

  4. #4
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    Default Re: 3rd Party Judgement

    Quote Quoting Sax
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    The short answer is no. You do not need to abide by the judges ruling....
    True to a point, but that does not mean that he'll have any claim against the property of the spouse with whom he had no dealings.
    Quote Quoting Sax
    First I'm going to assume that you are talking about a marriage dissolution involving (as the husband) the guy that had previously traded "rights to purchase" in exchange for your mechanical work and that at that time (pre-divorce) those "rights" or options constituted marital property.
    As the post indicates, it was the wife who made the deal for the tickets and the deal occurred during the parties' separation. Also, the deal was not a trade, it was "the rights to purchase". The estranged wife can alienate her own future interest in the tickets, but not her husband's.
    Quote Quoting Sax
    In which case the idiot of a judge was attempting to distribute marital property not only between a litigant in the lawsuit and someone who was not a party to the law suit, thus lacking necessary in personam jurisdiction to order you to do anything
    Had the tickets in fact been wholly transferred, such that marmot44 owned the contract to buy the tickets each year and the married couple held nothing, then the court would have been limited to awarding the husband assets to make up for his share of the tickets sold by his wife. But that's not my understanding of what happened. From what was posted above the transfer was to occur season-by-season, which one would expect is because the contract for the tickets themselves is not transferable or because transfer would have been in violation of a restraining order imposed by the court during the parties' divorce proceedings that prohibited the alienation of joint assets.
    Quote Quoting Sax
    It would be as equally insane as a finding that the wife and/or husband retained a half interest in any marital personal property that either had individually sold during the course of the marriage.
    Again, this happened during separation, and from what we have been told the contract for the tickets themselves remained an asset of the marital estate. To the extent that the wife cannot fulfill her part of the bargain, as she cannot give marmot44 the tickets in the years her husband has the right to the tickets under the divorce judgment, marmot44 can attempt to hold her liable for breach of contract.

  5. #5
    Join Date
    Oct 2006
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    Default Re: 3rd Party Judgement

    Quote Quoting Mr. Knowitall
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    True to a point, but that does not mean that he'll have any claim against the property of the spouse with whom he had no dealings.

    As the post indicates, it was the wife who made the deal for the tickets and the deal occurred during the parties' separation. Also, the deal was not a trade, it was "the rights to purchase". The estranged wife can alienate her own future interest in the tickets, but not her husband's.

    Had the tickets in fact been wholly transferred, such that marmot44 owned the contract to buy the tickets each year and the married couple held nothing, then the court would have been limited to awarding the husband assets to make up for his share of the tickets sold by his wife. But that's not my understanding of what happened. From what was posted above the transfer was to occur season-by-season, which one would expect is because the contract for the tickets themselves is not transferable or because transfer would have been in violation of a restraining order imposed by the court during the parties' divorce proceedings that prohibited the alienation of joint assets.

    Again, this happened during separation, and from what we have been told the contract for the tickets themselves remained an asset of the marital estate. To the extent that the wife cannot fulfill her part of the bargain, as she cannot give marmot44 the tickets in the years her husband has the right to the tickets under the divorce judgment, marmot44 can attempt to hold her liable for breach of contract.
    Except that the OP said:

    I have owned these tickets for almost 3 years now and my friend isn't on the account and I have possession of the tickets

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