Discussion in 'Located Persons Discussion' started by Patch Tuesday, Dec 20, 2019.
Well, I suppose CD realised that he would have no need for a house ever again.
He's very special, isn't he? I'm almost positive that "white knight" refers to Lancelot in Arthurian legend; and has since about the 12th century.
On the contrary, he might have hoped that JP could get him off entirely or at least lightly. If there are no murder charges, Chad will need a home one day.
Regarding the property; In my state which is a community property state regarding assets brought into the marriage. A home owned by one of the newly married would not be considered marital property unless they lived together in the home. Even then the only part of the home that would be considered joint is the value it increased since living together and not the home in entirety. Now lets say Chad took out a home equity loan after the marriage and monies were spent on the 2 of them (chad and lori) say for a new home or updating the current home that they both lived in then that money/investment becomes part of the joint assets. If Chad uses the money separately and they never lived together in the home then the money nor the house is considered community property and he could use the money for his defense without her consent in entirety and it is not a joint asset. Imo
Concerning the transfer of the real estate:
Idaho Code 32-903 – Separate Property of Husband and Wife
All property of either the husband or the wife owned by him or her before marriage...shall remain his or her sole and separate property.
Section 32-903 – Idaho State Legislature
Here's how I understand it: If CD and TD owned the property "with rights of survivorship", 100% ownership would have passed to him when she died. That would remain his sole/separate property when her married LVD - unless CD specifically changed ownership of the property to make it marital property. That leaves LVD with no interest or claim to the land.
I wonder if JP leases out the property? That could be a way to recoup some $$, IMO.
ETA: Oops! Just saw Deerrun replied as I was typing. Didn't mean to duplicate info!
If it's anything like it is here, what that means is if either spouse had that property before the marriage it would enter the community but only for the duration of the marriage, whichever way it ended, it comes back to the original owner.
Different scenario is a house bought (reciprocal contract) during the marriage, that is proper community property and would be split upon marriage disolving. I'm not sure if spouses can resign the rights they have over their share but here they do, and by doing that, they recover any property that did enter the community upon marriage for themselves.
Also, if either one gets property by a gratuitous contract (prime example being inheritance) said property does not enter the community
Take this analysis with at least 2 grains of salt
I was going to say "Over my dead body!", but on second thoughts, . . .
Whether the home was community property or not (and as previous posters have indicated, it’s probably not) I don’t think the County Clerk would look for a Quitclaim from someone not on the deed . I don’t think Lori’s name was ever added so it doesn’t surprise me she didn’t file a quitclaim. But Prior seems to be on the ball and I’m sure he knows how to protect his interest in the house. I expect he has a document signed by Lori (and notarized) that says she is forfeiting any stake in the property, just to cover his bases.
What puzzles me is that Prior would even want the house. Unless someone keeps paying the mortgage the bank can foreclose, and we know stigma houses are hard to sell. When a “murder house” does sell it’s usually at a significant discount (an expert quoted in an article on the Watts home estimated an avg 40% discount for similarly stigmatized homes.). As I recall Chad’s mortgage was still pretty big. If Prior or the bank tried to sell it I suspect they’d find the home is worth less than the unpaid mortgage amount. So Prior wouldn’t get a dime.
Is it possible that the Quitclaim was to prevent LE from being able to conduct additional searches of the property without notifying Prior (as owner) first?
ETA— deleted first part if post, giving my take on community property status of the house.
Community property does not work that way. Any assets each person had before the marriage remain separate property. CP only applies to things earned or acquired during the marriage and various things are still excluded including inhertitances and a number of other things.
ETA: Another complicating factor is that LV and CD both claimed to be Hawaii residents. Hawaii is not a CP state. Lori was moved from Hawaii under court order. I don't know how that impacts her residency status.
I wonder which state she filed income tax in....would that be her state of residency....especially if she was state hopping?
Could also be Parsifal, the un-named Swan Knight in Lohengrin.
LOL. Sorry, that has me snorting out loud. Based on her parents’ past, I find it completely laughable that LVD has ever paid ANY taxes! JMO
Could it be that Prior is holding the property as collateral but didn't actually buy the house? And are CDs kids still living there as the caretakers of the property? I'm definitely not well versed in how these things work, so I don't even know if I'm making sense.
IANAL, but as I understand it, the Federal murder laws require a Federal employee to be the victim or the murder has to take place on Federal property.
Chud’s books are still up on Amazon. Their sales ranking (compared to other books in the same categories) goes up and down from time to time. That could just be down to changing sales of the other books , but I think Chud’s books are still selling a few copies. It’s probably the notoriety factor, or morbid curiosity.
The podcast is scheduled for Tuesday, Feb. 16, on Dateline’s webpage NBC News - Breaking News & Top Stories - Latest World, US & Local News.
"The six-episode series, ‘Mommy Doomsday’, features Dateline’s year-long exclusive and original reporting on Idaho mom, Lori Vallow, who made worldwide headlines after her children, J.J. and Tylee, vanished,” said Dateline in a press release.
Dateline plans to broadcast the podcast during the next three weeks.
“`Mommy Doomsday’ reveals a rare inside look at Vallow and her husband, Chad Daybell, and the events surrounding the disappearance of J.J. and Tylee, including Vallow and Daybell’s participation in a fringe religious group that believed doomsday was near,” said Dateline in a press release. “Both Vallow and Daybell have denied any wrongdoing in the case, which Dateline has reported on since the beginning. They are facing charges of destruction, alteration, or concealment of evidence.”
Dateline NBC to start podcast 'Mommy Doomsday' detailing Vallow-Daybell case
February 09, 2021
DownloadIntroducing: Mommy Doomsday
The disappearance of two of Lori Vallow’s children in Rexburg, Idaho in September 2019 would expose a bizarre trail of death, devotion and Doomsday beliefs that captivated the nation. A haunting podcast from...
Prior owns it, but most likely didn't buy it. But you could be right - maybe they agreed to give Prior the home so that any future rental income, sale proceeds, etc. could be applied toward legal bills.
I've also wondered if CD wanted to unload this asset jut in case a court orders restitution at some point. (Unfamiliar territory for me, so just a guess.)
If the lawyer owns the house(land and is getting money for it because it is a rental, the hours he bills his client is probably a lot more then he gets in rent money. So CD still has a lawyer bill not to mention who is paying for LVD? The rent money surely would not cover the lawyer fees for both of them!
I was under the impression, CD had an adult child living in the home with him before and at the time of his arrest. Then that adult child moved out. Next a second adult child moved in after CD was taken into custody to live in the house. So is that second adult child paying rent to the lawyer?
I did look for the article ‘on line’ and could not find it....but I know it was from WS that I found the article about his adult kids living in the house, that now the lawyer may own.
I don't know if anyone is renting the house, but, IMO, collecting rent could be an option for Prior as the current homeowner - at least to cover the mortgage payment. And with CD's income at an all time low right now (I assume! lol), Prior may have decided that he should accept any assets CD was willing to sign over. But I'm just speculating/pondering.
Nancy Grace, interesting as always.