Need Some Advice

[Dogsout]

I need some advice on a situation that has just come up. Yesterday I had a lady call me and wonder if I would like some free firewood. After picking the phone back up I made it clear that I have never turned down free firewood. So today after getting my damper welded back together on my ODW, (another story) I head out to see what I had got myself into. I ask her what the catch was and here was her story in a nut shell. Seems her husband found himself another chick to nest with one state south and has fired this women up something fierce. She wants to get rid of this firewood right now no if, ands, or buts. Not really good at eye balling firewood but I would say one to two cords or so. (Not sure what kind of wood but it has set on the cement and seasoned for two years.) I pointed out that with a little effort she could probably sell it on her own. Her reply was that she had caught wind that her husband's buddy was trying to do just that for him so before he has a chance to do this she wants to give it away just to spite him. OK I am good with that so here is my question. If she gives it to me would the husband have any legal recourse against me to get it back. The scumbag husband doesn't bother me in the least but having a cop pull in my drive way would tend to get my attention. Need to get this done this weekend before 1 buddy sells the wood or 2 she gives it away to someone else. At the present she would be at least half owner and has possession of said product. My gut tells me to head out Saturday morning and start loading, my head tells me that I don't really want to be the center of a big pissing match. Any thoughts or comparable experiences would be appreciated.
As an after thought I ask how she pulled my name out of a hat to call, and come to find out she is the sister to one of the farmers wife's that let us cut wood on their property. We can't help but think that maybe the gift cards to a restaurant that we gave out for Christmas to these land owners might have just paid a dividend.

 

[REJ2]

Somewhat of a quandary no doubt, gut feeling says leave it alone. I like your avatar by the way.

 

[Hedgerow]

Back away from the free wood slowly... Turn around... AND RUN LIKE HELL!!!
:waaaht:

 

[4seasons]

Personally I wouldn't want to get involved in the situation. While some marriage problems can just make a clean simple break most are long drug out processes with both parties regretting things they have said and done. It wouldn't make you a criminal by taking something offered to you free, but would you later have a guilty feeling? If you took the time to ask this on a public forum I would say so.

 

[jhoff310]

heres my take...been in a similar situation but not with wood, mine was with his tools. Same circumstance...she caught him hooking up with another hussy..
I was loading up the tools and he shows up, asks who I am and I tell him she" the wife" hired me to get rid of the stuff. He proceeded to call me everything but a human being. I looked at him and said " Your beef is with your wife not me, take it up with her..I am just doing what I was told" Long story short, police were summonsed to the house where all of this was taking place. Police sided with the wife, and me since it was in my possession. possession is 9/10 of the law.
If 2 people dont agree on something they need to work it out amongst themselves, not drag a 3rd party into the mix.

Being the fact that this is the sister of someone who you cut wood from, I would at least make an attempt to remove some of it so it doesnt sour the relationship with the landowner

Jeff

 

[REJ2]

And, if or when she forgives him, they sometimes do, they'll both be asking for it back!

 

[LumberjkChamp]

Possesion is everything. That said, in court, between the two of them, the wood would probably be equally divided. I'm not really sure though. I'm not a lawyer and I don't know why I'm even attempting to give legal advise. Maybe because I like you're avatar.

 

[Dogsout]

The thing that really bothers me with this is that his buddy WILL get this sold even if it is at half price and she will not see a dollar of this money. As for them getting back together I don't see it in the cards as mad as she is and him not even being in the state. If it would happen down the road you can bet that if I indeed got the wood it would be long gone in my ODW before any reconciliation would occur. Really on the fence with this but should I decide to go ahead with this once that wood hits MY property they no longer would have any say in the matter. JMHO

 

[Hedgerow]

Possesion is everything. That said, in court, between the two of them, the wood would probably be equally divided. I'm not really sure though. I'm not a lawyer and I don't know why I'm even attempting to give legal advise. Maybe because I like you're avatar.

Well yours ain't exactly chopped liver...
Just sayin...

 

[LumberjkChamp]

Well yours ain't exactly chopped liver...
Just sayin...

Ha. Or should I say lol. No, I'll stick with ha. Either way, you make a good point.

 

[Iska3]

Been on that side of the fence before. The wife cleaned me out and I was left with the dog. Turned out that I got the best of the deal.. Had the dog for another 10 yers.

Keep in mind that until the divorce half of that wood is still his property. When it goes to court, you might be buying his half and at his price. Then again, if you don't take it someone else will. Might think about buying it at a cheaper price and get a bill of sale.

I guess I'd stay away from that mess.

 

[Whitespider]

You worry way too much… and ask way too many questions, sometimes ignorance of the specific details can be a blessing.

The wood is not “half his”… the wood belongs to them jointly and one does not have to ask the other before disposing of joint property (just as your wife doesn’t need your permission to withdrawal money from a joint account). When and if a divorce/settlement ever comes, the judge may (or may not) award him half the wood at that time (but only if one of them still has possession). If neither party has possession at time of divorce/settlement it is a non-issue… the law can never require you to pay for something that was legally given to you.

The truth is, it’s only firewood… it ain’t like it’s his pride-and-joy classic Corvette.
She has possession… so the wood is hers do with as she wishes… and she’s gonna’ give it away no matter if you take it or not.
She has given it to you… so load it up and take possession… that makes it yours.
If the husband or his buddy contacts you (doubtful), be nice but firm, deliberate and direct… look ‘em straight in the eye and tell them the wood is yours, it was given to you, and if they have a problem with that they’ll need to take it up with the person that gave it to you (the wife).
If the two of them (husband and wife) work-it-out and ask for the wood back (doubtful on the first count and double doubtful on the second), just be a nice guy and tell them to come get it (they’ll probably never show-up for it). Unless of course, you’ve already burned it… then tell them you burned it.

The only other advice I’d give you is to not get in a pissin’ contest on her (his) property… if the husband, or his buddy, show up (doubtful) while you’re loading… don’t say a single word, don’t even open your mouth to breath… just look ‘em straight in the eye for a couple of seconds, then walk to your vehicles driver door, climb in and drive away. If after he/they leave, and if the wood is still available… she’ll call ya’ and let ya’ know.

Notice I say, “look ‘em straight in the eye” a couple of times… that’s important, it shows you will not be intimidated and you firmly believe you’re doing nothing wrong (and you’re not doing anything wrong). But, if in your heart you feel you’re doing something wrong… than just forget the whole thing… ‘cause in the end, you have to live with yourself a long time.

Me? I'd be goin' after that wood first chance I had.

 

[borat]

Take the wood and either pay her a nominal fee for it and get a receipt or, take the wood and give her a receipt for a nominal amount for services rendered. I.e. charges for wood removal.

Just make sure you have a receipt.

 

[mga]

i agree, whitespider.

 

[teatersroad]

doesn't seem right to me, and you know too much to have it be right. She want's to give it to you, he does not. Even if it were the case that he wanted to give it to you and she did not, you shouldn't take it. Their fight is not yours, and you don't mean crap to either of them, but the firewood means something to one of its rightful owners.

I vote a hardy NO.

 

[Bushmans]

I say take the wood but aslo give her some wood!
Awwww shut the front door did I just say that out loud?
In all reality if it poses that much of a question on ethics, moral or legality just let it be and explain to her that if it is still there afterwards then you'll collect it.

 

[teatersroad]

...
In all reality if it poses that much of a question on ethics, moral or legality just let it be and explain to her that if it is still there afterwards then you'll collect it.

If you have to ask here, there's likely a problem.

 

[Whitespider]

If you have to ask here, there's likely a problem.

The man wasn’t asking about the morality of taking the wood, he’s already made his mind up on that… he was asking about the legality of taking the wood.
I quote from the original post…

…she wants to give it away just to spite him. OK I am good with that… …The scumbag husband doesn't bother me in the least but having a cop pull in my drive way would tend to get my attention…

And to put it simply... there ain't any legal problem of any sort.

 

[ChainsawmanXX]

What kind of wood is she wanting in return? If she looks like the one in youur avatar... GO FOR IT!

Oh wait, my minds in the gutter again sorry

Sent from my LS670 using Tapatalk

 

[doobie57z]

How would you react if that happened to you? I take my wood piles very personally, most posters on here do. How bad do you need this wood?