Stolen Gear!!! Need Help...

[Jakedog]

Hey folks, need some advice...

The rythym guitarist in my band has been seperated from his wife for about a month, he went over to the house today to get the rest of his stuff out and found that she has sold his '67 Ric 360-12, and both of his AC/30's on Ebay. He called the police to report them as stolen property, and the police have told him that they can't do anything because the pieces are now out of state. He has reciepts, seial numbers, the whole nine yards, and wants his gear back. Any idea how he should go about this? The police here in Ohio have been no help at all.


Jake

[Bob Mc]

I ownder if that gear was considered 'communal' property (or whatever the legalese would call it), if that was the house they shared, and if he bought the gear while they were married, etc.
He best pick a divorce lawyer soon and ask him.

[ashtray]

well - I'm no lawyer - but if the wife sold them, then she's the one that stole them. If they split up - they should work that into the settlement - reimbursement for his gear that she sold. If it went through ebay - he might be able to find who bought it and contact them about buying it back. Otherwise - go straight to pressing charges against the wife for theft and let her try to get them back.

[eryque]

He should call his attorney ASAP. It will be messy, and it sounds like the cops don't want to get involved. They'd have to get cooperation from the jurisdiction where the gear is at, but you can bet if it were a big bust on a high-profile case, they wouldn't care that it was out of state, they'd get the other state's police in on it.

My roommate went through something similar while in his divorce procedings, and while he didn't get the gear back, the judge did take it into consideration in the settlement. She screwed herself pretty badly by acting like that, she got to keep the house AND all the debt, and pay him a few grand in cash to boot. There was no equity in the house, either.

[stantheman]

I think I've got a feeling on what the guy's going through
emotionally....he's got to walk away from the situation with no looking back; he still has his freedom which is the most precious thing besides good health that there is, some time ago I got raked over the coals
for about 65K and believe me all kinds of thoughts were going through my head BUT I kept my focus and remembered the old Blues mantra "that trouble don't last always" and remember this one also "time wounds
all heals".
In the cold light of morning these are only material things
and though they were cherished to be sure they're replaceable; and one other thing to always consider is
that we're only hearing his side of the story, I've seen a
lot of women in my day who were nothing more than
punching bags for abusive husbands.
But when all is said and done....just walking away from it
is the smart thing to do....I saw the ex who raked me a
couple of months ago and believe me everybody walking
away from the situation was the best advice I ever followed and I'm in a much better place today spiritually and emotionally. Frankly it was worth taking the loss just to be rid of The Blues.

[genelovesjez]

Originally Posted by ashtray

Otherwise - go straight to pressing charges against the wife for theft and let her try to get them back.

Good luck with that! The laws vary from state to state, but I figure it would be next to impossible to get your wife arrested for stealing "your" property. Maybe she can get him arrested for stealing the gear he already took from the house, too. Sounds like something that should be handled in the divorce (as others have said).

By the sounds of it, it's not going to be a very friendly process. I hope there are no kids involved!

[O- Fender]

I'm with stantheman: WALK AWAY.

I've been in a similar situation. It's going to be painful but he has to just walk away. Consider it part of the cost of freedom.

Sounds like things are going to be messy enough as it is.

[Colo Springs E]

Originally Posted by stantheman

I've seen a
lot of women in my day who were nothing more than
punching bags for abusive husbands ...walking
away from the situation was the best advice I ever followed and I'm in a much better place today spiritually and emotionally. Frankly it was worth taking the loss just to be rid of The Blues.

Not in this lifetime! It would be my life mission to make sure that... person... either paid me back or got me my gear back or went to JAIL.

You guys have got to be kidding. WALK AWAY?

And what the heck does the statement about "punching bags" have to do with anything? Are you saying that she deserved to steal from him because you think she may have been abused?

I really can't relate to where you're coming from! (wherever the heck that is)

[Hey Joe]

I had a friend go through a messy divorce where that kind of thing was going on. The courts are pretty good at sorting it all out it should come out of her end of the setlement.

[staxman]

It's unlikely you'll get her arrested for theft. I went through the same thing several years ago when my ex and I separated and later divorced. Just document what was sold(when, where, how?) as completely as possible. You probably won't get the guitars back, but you can receive "credit" for them when you dividing your assets during a divorce. You should seek a lawyer as soon as possible, if you haven't already done so, to protect yourself form further damage-- these things can get messy fast.

[genelovesjez]

Originally Posted by Colo Springs E

Not in this lifetime! It would be my life mission to make sure that... person... either paid me back or got me my gear back or went to JAIL.

You guys have got to be kidding. WALK AWAY?

And what the heck does the statement about "punching bags" have to do with anything? Are you saying that she deserved to steal from him because you think she may have been abused?

I really can't relate to where you're coming from! (wherever the heck that is)

Wow, I think this is the first time I've ever disagreed with Colo Spring E. I mean ever!

I really don't think you can call it stealing - once you're married, everything is pretty much community property. God help us all if people try to get the police involved in what amounts to a division of assets dispute. For all we know, she sold the equipment to pay the bills or the mortgage, which he might have been required to contribute to. Either way, he is in NO position to say that he absolutely owns something once he's married - everything is negotiable. It's ludicrous to accuse anyone of STEALING from their spouse. If that was possible, virtually every divorce would be a dog fight of charges and counter charges ad nauseum. Police wouldn't have time to deal with anything else. Shame on him for even wasting their time about this for one minute.

[Colo Springs E]

Originally Posted by genelovesjez

Wow, I think this is the first time I've ever disagreed with Colo Spring E. I mean ever!

I really don't think you can call it stealing - once you're married, everything is pretty much community property. God help us all if people try to get the police involved in what amounts to a division of assets dispute. For all we know, she sold the equipment to pay the bills or the mortgage, which he might have been required to contribute to. Either way, he is in NO position to say that he absolutely owns something once he's married - everything is negotiable. It's ludicrous to accuse anyone of STEALING from their spouse. If that was possible, virtually every divorce would be a dog fight of charges and counter charges ad nauseum. Police wouldn't have time to deal with anything else. Shame on him for even wasting their time about this for one minute.

So.... if my wife brings home $150 she made waitressing today, and I go into her purse and take it and go partying tonight with it, that's NOT stealing?

If it ain't stealing, I don't know what it is!

I am of course, operating under the assumption that the two vintage amplifiers and guitars were his, that she wasn't a musician.

Seems to me if I take my wife's $1000 Rolex watch, pawn it and pocket the money, that's stealing. That's the way I see it.

We can agree to disagree!

-Eric

[genelovesjez]

Originally Posted by Colo Springs E

So.... if my wife brings home $150 she made waitressing today, and I go into her purse and take it and go partying tonight with it, that's NOT stealing?

If it ain't stealing, I don't know what it is!

I am of course, operating under the assumption that the two vintage amplifiers and guitars were his, that she wasn't a musician.

Seems to me if I take my wife's $1000 Rolex watch, pawn it and pocket the money, that's stealing. That's the way I see it.

Well, you might consider it stealing, but it's really an issue between you and your wife, not something to involve the authorities in. Getting married is a pretty big contract to sign, and you do give up some of your individual property rights when you do it (in most jurisdictions).

The most common source of conflict between couples is money, according to something I think I heard somewhere. Can you imagine if the police could be called every time a married person did something with money that their spouse disagreed with? Most of us would have very few guitars, or we'd be in jail playing Jail Guitar Doors. Remember, when you're married everything you own is NOT NECESSARILY YOURS, so to accuse a person of stealing who might have a legitimate claim to everything you own or will own for the rest of your life is a tough argument. Once a marriage falls apart, you can certainly petition the courts to protect your interests. But calling the police and treating these issues like criminal matters is not really appropriate. Without knowing anything about it, I can guarantee that the woman in this situation has her share of financial grievances too.

[Brutalblues]

"Time wounds all heals"!!
Dare I suspect a Freudian slip? (raised eyebrow)
Seriously, though....I'm sure she did it with spite in mind, knowing how much he loved his Rics (if he's anything like the rest of us). Cold, very cold........

[lenny]

women are mean

[Ptrallan01]

1 Lenny's right women are mean, but so are men
2 Don't walk away try to work it out and get back together then if you have to leave permanently you will know that you did everything you could do. If you can work out the problems you do it. Remember Johnnie Taylor said, "Its cheaper to keep her"!
3 The problem with marriage is that it is an UNLIMITED PARTNERSHIP. That means what you own your spouse owns and what your spouse owns you own or at least thats the way it should be.
4 As a divorced & remarried pastor, who does marriage counseling I would strongly, strongly recomend that whatever you do about the marriage forgive the woman so you ain't walking around with anger that will never go away. It took me almost 15 years to forgive my ex and it was the best thing I ever did because I AIN'T MAD NO MORE.
5 If you get divorced make her pay for the items, or see if the lawyers can work it out that she replaces the items with the same models.


Peter

[BLACKCAT69]

For the gear and anything else she sells of his/theirs. It will have to come out in the wash through the divorce settlement. If he makes a living with that gear then she may have really screwed herself. He should just pursue all the legal options he has and then....walk away from it all. I'm sure there is recourse for him in this situation.

[reverbbb]

Police and some lawyers don't want to get involved with splitting or recovering possesions during a divorce. I was told by a lawyer many years ago, 'the rule of possession is 9/10 of the law applies in marriages going through divorce.'

Meaning it is best to try to get compensation in a decree with evidence to substantiate the loss of the item. But to call it stealing is not a likely task for a lawyer or police. It is a domestic/civil issue more than it is a criminal issue. In Texas, each spouse owns 50% of everything, therefore it is not considered stealing as far as I know.

I would try everything posible to track down the ebay buyer, then persue every avenue to getting it back or negotiating buying it back. eBay is not likely to help either though.

[staxman]

...because it's worth it!

[eryque]

Originally Posted by Colo Springs E

So.... if my wife brings home $150 she made waitressing today, and I go into her purse and take it and go partying tonight with it, that's NOT stealing?

According to my roommate (who just took the bar exam), the answer is no, that's not stealing. She brought home her income. Iit doesn't matter whether that $150 is tips, or direct deposit from a paycheck. That income is part of the household income, and expected to be spent by both parties. It's not her money, it belongs to both of you.

Now if that $150 was needed to pay the bills and you drank it all away, misspending the household income like that can be grounds for divorce.

It may be crappy and morally bankrupt, but in the eyes of the law that's not stealing.

[snoglobe]

it's just guitars and gears.

should he be more concerned why the relationship didn't work and why it turned that ugly, that quickly?

hard to believe, but life is more than guitars.

[El Capitan]

Vintage Ric....... $2000.00
Vintage AC-30...$3000.00

Freedom and lesson learned............Priceless.


I'm sure this can be settled in divorce court, it is definetly NOT stealing.
Should have left with what was "important" when he did.
At this point, I advise WALKING AWAY from the situation. Let an attorney handle it, AND get whatever he has left OUT OF THE HOUSE.
El Cap, succesfully divorced from the "Daughter of Satan" for quite some time.
Your dude lost VERY little as far as the big picture goes. Think about it.

[O- Fender]

[quote="Colo Springs E
You guys have got to be kidding. WALK AWAY?

I really can't relate to where you're coming from! (wherever the heck that is)[/quote]

I know I didn't write what I wanted to say but actually I meant walk away and let the lawyers handle it.

Any other action would jus