country club ownership

[lldavis]

What is the name of your state? texas if my husband of 16 years was accepted into a private country club 8 months before we were married does that qualify as separate property if there was no prior agreement to that effect and no prenuptual, and given the fact that i am the primary user of the club?

 

[seniorjudge]

What did the folks at the club say about this?

 

[lldavis]

club ownership

they dont address legal matters

 

[nextwife]

Do you mean OWNERSHIP, or do you mean MEMBERSHIP?

Because, if he owns the club, it is a whole different issue than if you simply want his membership spot. And if you do, that would likely be at the discretion of the membership commitee, as it was he, and NOT you, that was initially accepted as a member.

Is there business networking that is done which he joined to facilitate? Do you also use it for that? What about the ongoing cost? Does his company partially or fully assist in the fee, the way many companies may if being used for business? Was there an initiation/joining fee that he/his company paid premaritally?

 

[seniorjudge]

they dont address legal matters

They won't tell you who owns the membership?

Then it is up to the court to determine who gets it.

 

[lldavis]

club ownership

its a membership. yes he uses it for business, no his co. didnt pay for it. we are going through the collaborative process, not the courts.

 

[seniorjudge]

its a membership. yes he uses it for business, no his co. didnt pay for it. we are going through the collaborative process, not the courts.

The court will have to approve the agreement/finding. Administrative bodies do not and cannot grant judgments in this kind of lawsuit.

 

[nextwife]

he uses it for business

Seniorjudge, if this is a PRIVATE club, then what authority does the court have to tell them (The club) to whom they must extend a membership?

 

[seniorjudge]

Seniorjudge, if this is a PRIVATE club, then what authority does the court have to tell them (The club) to whom they must extend a membership?

They do not have such authority. The question was to whom should the existing membership go. It is property and that is what the court will decide.

 

[lldavis]

club ownership

This is not a question of whether the club is to offer me the membership. rather ir is a question of whether the membershipo itself is considered separate property solely by the fact that he had it before we were married, from a legal standpoint.

 

[nextwife]

If the membership is private, then it is NOT an asset (like a car) that anyone can go get. The membership is conferred by commitee based upon whatever their criteria are, anhd not open to any member of the public. And that membership was conferred to him. That is why I believe the club would need to agree to transfer the membership to another party, and I believe the court ALONE cannot impose that decision against the clubs wishes (if they feel he is more of an "asset" to them).

I have no idea who brings in members, does more to publically promote the club, and does what all the club likes to see on their behalf. But they MAY have their own ideas on this. I know of some clubs that have large charity golf outings held there specifically because they have a member Rotarian or charity Board of Director who arranges for the club to host that event, as an example.

Also, if he purchased the membership for business purposes, and she does not need it for that, then the membership is obviously more important to him than her. Which is something to consider if any CS or alimony is being sought, as losing networking can impact business relationships.

 

[seniorjudge]

This is not a question of whether the club is to offer me the membership. rather ir is a question of whether the membershipo itself is considered separate property solely by the fact that he had it before we were married, from a legal standpoint.

nexie, here is the legal issue in a nutshell.

Nobody said anything about transferring this membership to anybody!

 

[nextwife]

Maybe I'm reading the first post wrong, but it seems to me that our poster wants to go after his membership because she "uses it more". If it is not "transferable", is it even an "asset" or "property"?

 

[seniorjudge]

...If it is not "transferable", is it even an "asset" or "property"?

That's a very good question and I have no idea what the answer is.

It's an obligation (pay dues, etc.) but it is also a kind of property interest also (it's not like a membership in book club).

I'd like to know the answer myself but, as I said, the court will decide this.

 

[lldavis]

club ownershipo

The club can transfer the membership to me if it is included in the divorce decree, with a copy presented to the board, at their discretion, as they have in previous instances. My husband is a member of several clubs, but this one is the hub of my golfing and social life. As i'm sure you know the collaborative process is based on negotiation and he asserts that it is nonnegotiable because it is separate property. Legally, is it?