Print Article for : Don't You Ever Get Tired Of Hurting Me

Your Online Guide » Legal Guide » Free Online Legal Advice

[D594]Dont You Ever Get Tired Of Hurting Me

by Bob Miles, Bob

If you are married and you live in a community property state, then you should know something about the law of community property. It can get pretty complex, and the law varies somewhat from state to state. Nevertheless, following are some characteristics that may help you understand community property law a little better.

1.Joint Management and Control of Property

Neither spouse may unilaterally control or dispose of the marital property – the consent of both spouses is required. For example, if your house is community property (generally speaking, if it was not a gift and if it was acquired with money that was earned by either spouse during the marriage), then your spouse will have to execute the deed in order for you to sell it – you cannot transfer the deed by yourself.

2. Severance

It is commonly thought that “community property” means that each spouse owns 50% of the marital property. Of course that is an oversimplification, but in any case even when there is a 50/50 split, it applies only after divorce. While you're still married, it all belongs to both of you. What this means in practice is that, for example, you cannot force your wife to sell your house and split the proceeds 50/50 so you can get your “cut” - you have to either divorce her or get her to consent to the sale.

3. What happens if one spouse dies?

If one spouse dies without a will, the dead spouse's 50% interest in the community property will go to the surviving spouse, meaning that the marital property will now be 100% owned by the surviving spouse. But while alive, either spouse may will his/her half interest in the community property to another to take effect at death. Some states have laws limiting this right.

4. Can creditors seize the marital property to satisfy the debts of one spouse?

It depends on the nature of the debt. If the debt belongs to Husband Hal (if, for example, it was taken out before the marriage, or in some cases if assets acquired by Hal before the marriage are used as collateral to secure a debt), then Hal's creditors can seize that property to satisfy the debt. If, on the other hand, the debt belongs to the marital community (for example, a family home acquired after the marriage), then Hal's creditors cannot seize the marital property to satisfy a debt that belongs to Hal alone. That also means that they cannot sell the marital property, take 50% of it, and return 50% to Hal's wife.

DISCLAIMER: The following is intended for reference only and not as legal advice.

Lets face it. Fraudulent Internet purchases is rampant, it is worse for non-tangible items and in total chaos for online game virtual item and ccount sales. To assume that there is not an abundance of scammers hacking paypal accounts and trolling the Internet looking for their prey would be a catastrophic error.
Sure, I have been victimized by these hungry villains in the past but to a much lesser extent today. I have learned much over the past 8+ years selling on ebay auctions and my web sites. My experiences have enabled me to construct a solid prevention plan. Its implementation has brought my wife and I outstanding results as sellers of Ultima Online gold and Resources, Eve Online ISK and World of Warcraft accounts and gold on ebay. We use that plan on our web sites as well. If you sell from a web site, auction site or just hit the trading boards you should find this information useful.

Establishing some kind of identity is our primary goal. If we can do that it will lay to rest many if not all of our concerns. Gather as much information as possible during the purchasing process. Informing the buyer what you may or may not do with this information will likely deter fraudsters from even completing the purchase. This will save you much time and grief down the road.

PayPals Seller Protection policy for Non-Tangible and virtual items is no good for us.
PayPal is awsome. We use PayPal exclusively as our payment gateway. They are safe, secure and cheaper to use than commercial bank accounts to accept credit cards. Sellers for the most part can feel safe because of Paypals Seller Protection policy. The problem for us as virtual / non-tangible item sellers is that we are NOT covered by this protection policy because we are not shipping an item and cannot provide proof of shipping. We are 100 of potential fraud. Do this if you do nothing else.

Match the Buyer's Address to their telephone number.
You can do this by performing a reverse lookup on the buyers phone number at bigfoot.com. Keep in mind that bigfoot's data is not always accurate and the address may not match it should at least get you in the proximity. If not then you may want to take additional steps for the confirmation. The phone type is not always accurate either. If you feel uneasy about the transaction and wish to be sure of the phone type then I recommend using maxmind.com, this is a paid service but it is worth every penny. They will also provide you with more detail pointing out the anonymous phone number types such as pay phones and store Purchased pre-paid cell phones ect. Do not accept an anonymous type if you are having doubts.
If the phone type is a land line and that address also matches the paypal confirmed shipping address then we are looking good. Make the call to be sure the phones owner is really purchasing from you. Calling also helps insure that a child is not attempting the purchase, If a child answer then ask to speak with an adult. We have busted many children attempting to hijack their parents paypal account or Credit card.
Cell phones may be acceptable depending on the situation and other provided information. We simply are not able to get enough info on cell phones to concrete any deal.

GEO IP lookup for web site owners
Capture the buyers IP address and perform a geographical lookup. Again I recommend using maxmind.com to do this. I have tried many other IP lookup web sites and have found maxmind to be the most accurate. The lookup should resolve to the proximity of the buyers confirmed address and/or phone number.
AOL IP's will not resolve properly, they use a funky proxy system and almost alwys resolve in the vicinity of Virginia. Maxmind will see through most other proxy systems and resolve properly. Use extreme caution if you do not get a proper match. In any case you should decline the purchase if it resolves to a different country.

Email verification. Ask the buyer to provide their Internet service provider email address
Do not rely solely on this. I do this only if I am still feeling uneasy after successfully performing all the above. Simply email the buyer and ask them to reply.
Free email providers such as hotmail, gmail, yahoo etc email addresses serve no purpose in regards to security. Don't bother doing this if it is all the buyer can provide you with.

Online ID Verification services
If all else fails then you are down to 2 choices. Reject the order or ask the buyer to register with an online ID verification service. For gamers I recommend using TrustWho.com otherwise try Verisign.com

To date we have not had a single report of fraud on my website RPGBids.com
Fraud on my wife's web site RPGloft.com is less than 0.05%.

I cannot say that these tips will guarantee anyone the same results but I can assure anyone who applies them that they will have very good results.

Article Source : Asbestos Mesothelioma Legal Information

About Author

Both Bob Miles & Gene Souza are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Bob Miles has sinced written about articles on various topics from Credit Cards, Types of Cancer and Marriage. explains. Bob Miles's top article generates over 33100 views. to your Favourites.

Gene Souza has sinced written about articles on various topics from Legal Matters. Gene Souza - 8+ years Specializing in acquiring and selling and assisting his wife with. Gene Souza's top article generates over 590 views. to your Favourites.