Boat Co-Owner dispute

TheBoyScout

Thanks doesn't buy gas...
Nov 13, 2014
304
207
San Diego
Name
Ray
Boat
Bayrunner Baja 23 "Rough Rider"
Long story short I bought a boat with another person. We had disagreements about our visions for the boats and he claimed that he owns the boat because we dont have a contract. Everything Ive read and consulting with an attorney they said because we are both registered owners on the title that I am entitled to 50% of use. What direct pathways would you go to resolve this issue? I have been reading about small claims court and having to send him a demand letter then if it isnt settled then you can go to small claims court. Please comment only if you have first hand experience or know someone else who has been able to resolve this issue? And yes I already asked him to buy me out and I offered to buy him out. Thank you
 
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reelbadlarry

Member
Jun 25, 2005
875
769
56
socal
Name
Larry
Boat
23ft parker, reel bad
Where is the boat? If he has it, you are pretty much screwed...you better have ALL of the payments to him or the loan recorded with proof, cancelled checks etc....what is the equity in the boat? If it's more than small claims..you are screwed...if not you can try the small claims thing...but best your gonna do is maybe get what you paid for it. Have you thought about hiring some guys to "explain" stuff to him? It works in Chicago?
 
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SD2600

Opinions aren’t constitutional- they are earned
Apr 13, 2017
639
501
40
San diego
Name
Dustin
Boat
26' sea swirl
There is always two sides to the story... both of which are in question. Need more details.. I have been partners in a boat. And it never is 50/50... your post suggest your looking for legal advise but guess what lawyers and legal jargon never equate to reality.
 
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RodRage

Share the stoke!
  • Sep 7, 2017
    2,479
    4,780
    59
    Surf City Ca.
    Name
    Huntington Hillbilly
    Boat
    Chaparral 224 Fisherman
    Are you payed up for your share or is he picking up yours plus insurance storage n such?
     
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    TheBoyScout

    Thanks doesn't buy gas...
    Nov 13, 2014
    304
    207
    San Diego
    Name
    Ray
    Boat
    Bayrunner Baja 23 "Rough Rider"
    We never had a formal agreement. But from what Ive been told from an attorney that the title is a legally binding document and in the event of no written contracts the law looks at it 50/50.
     
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    RodRage

    Share the stoke!
  • Sep 7, 2017
    2,479
    4,780
    59
    Surf City Ca.
    Name
    Huntington Hillbilly
    Boat
    Chaparral 224 Fisherman
    Are you really 50\50 or who has the most invested and do you have proof ? who is paying the storage upkeep and insurance?
     
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    blowncar

    Member
    Sep 8, 2013
    824
    505
    Ocean Shores Washington/Mexico waters
    Name
    james
    Boat
    52' Hatteras C Lobos Del Mar
    You ask for advice, several people ask you for very important info in order to answer your question. What do you do? Repeat the silly attorney says its a binding contract. Okay so what if it is?? Not doing you much good is it? California small claims court isn't going to order him to play nice and mediate your squabble. How about listing up how much the boat cost, how much each has put into it, loan amount if any, storage situation, who's paying insurance etc. Who buys a boat with a friend without at least talking about the sharing of use, sharing of cost and what happens if one or both of you want a boat divorce?
     
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    One_Leg

    Ret. Comm. Diver Medic
    May 11, 2007
    5,688
    2,202
    You're mined!
    www.csicop.org
    Name
    Alan
    Boat
    1967 Cobia Cuddy Cabin/Evinrude Looper
    Maybe sell your share to some asshole?

    I'd buy it, but I own a lil' boat already.
     
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    ltran0614

    Member
    May 8, 2013
    760
    463
    Orange
    Name
    L Train
    Boat
    27' Farallon Whaleback & 27' Radon LRB
    Here's some sound 'legal advice' for you ... you're SOL.

    You won't know WTF will happen unless you actually litigate the matter (lots of money) and are issued an actual judgment (lots of time).

    Any type of 'advice' anyone gives you is just that, ADVICE. Even parties WITH legally binding agreements have disputes .... you're in the same boat MINUS the 'legaly binding agreement.

    Good luck to you on this 'issue' :zelfmoord
     
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    swami 805

    I Post A Lot But I Can't Edit This
    Mar 9, 2016
    3,919
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    805
    Name
    Bill
    Boat
    sunk it
    If all you or he has is the title with both of you on it it's going to be 50/50. Go to small claims and get a judgement. A judge will look at the title as the only real evidence in your dispute. He make take into account expenses if there are receipts and modify the judgement. Go file a suit in small claims on Monday, ask for $
     
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    MYNomad

    Heading South
    Dec 12, 2007
    4,135
    4,690
    Pacific Northwest / West Coast Mexico
    Name
    Rick
    Boat
    Yes
    What is the value of the boat? Small claims has a relatively low jurisdictional limit, and it can only award money damages -- no power to issue any kind of equitable relief (ie, it can't order either party to do anything other than pay the other party money). Even a real court won't typically impose resolutions like buy-sell procedures (ie, your offer to buy out or to be bought out). Instead, the court is more likely to order a sale. What does your attorney recommend and why aren't you following his advice?
     
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    gecsr1

    Plain Jane Rods...Hobby Rod Builder
    Jul 15, 2005
    14,745
    3,993
    Poway Ca
    Name
    Gary
    Boat
    No Boat Now
    tick tock......tick tock.......will the shit hint the fan,,,on this thread ???
     
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    Highwayman

    I Should Upgrade My Account
  • Jun 25, 2015
    1,316
    881
    Name
    Sammy
    Boat
    Party Boats and Skiff
    I was in partnerships twice. Last time pretty much just gave my half away so I wouldn’t lose a friendship like the first time. In the long run worked out ok. Not so funny thing is the second time I knew better...
     
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    marlyn

    I Post A Lot But I Can't Edit This
  • Dec 18, 2005
    8,680
    5,154
    So Cal
    Name
    mark
    Boat
    21' skiff and 12' portabote recycled from milk jugs
    Two of my clients recently bought a house to flip together,one did all the work and paid all the money for labor,materials,permits and upgrades after they bought it.The judge ruled 50/50 ownership and ordered escrow to cut checks that way because they had no contract spelling things out.So one guy got screwed and 1 guy made out but all the judge had was title to go off,none of the receipts even mattered without a contract saying they did.
    Crazy thing is that they are brothers.
     
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    weedwacker

    Newbie
    Oct 2, 2006
    42
    16
    san juan capistrano
    Name
    Franklin Jones
    Boat
    226 gradywhite
    Boat partnerships rarely work out. I’ve been boating for almost 50 years and have only seen a couple of partnerships work . What they seem to have in common is they trust each other’s judgement stay in their “lanes” regarding experience and ability. Also one partner realizes expenses and work load are not fair occasionally takes a larger share of costs and work .
     
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    agarcia

    Almost A Member
    May 19, 2006
    245
    138
    Nor*Cal
    Name
    Art Garcia
    Boat
    rowboat
    I think at this point it’s fair game to start guessing some of the details of this matter. I’m guessing that all this man’s fuss is over a Bayliner Capri....or one of those 12’ Sears Aluminum boats.

    If my name was on the title, I’d go straight to his house when he’s not home and hook the trailer up to my truck and take the boat back.
     
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