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Offline black_pete  
#1 Posted : 27 May 2010 14:16:49(UTC)
black_pete

Australia   
Joined: 09/04/2007(UTC)
Posts: 150
Location: Melbourne, Victoria
Hi

Well as in the general course of living my eight year relationship hit the rocks a few months back when my partner decided to leave.

Today we had a legal roundtable to discuss property settlement and surprise she is making a claim for half my Marklin collection. I had listed this in my property assets but interesting she "independently" valued it 50% higher and wants half of that included in her settlement value Crying Cursing Angry Sad

I know this has been aired here before but how the hell do you value a collection gathered over the last twenty years !!! No there's nothing of any real specific value but just a range of fairly standard and mainly SBB outline stock.

From a personal point of view not the best of days.
Regards
Pete

expat Kiwi - now living in Melbourne

SBB Era IV & V - Digital - CS1 - C Track
Offline DamonKelly  
#2 Posted : 27 May 2010 14:38:35(UTC)
DamonKelly

Australia   
Joined: 26/03/2006(UTC)
Posts: 1,421
Location: Brisbane, QLD
Might be worthwhile getting hold of a Koll's guide to values -- that might give you some independant valuations.
Cheers,
Damon
Offline hxmiesa  
#3 Posted : 27 May 2010 14:52:38(UTC)
hxmiesa

Spain   
Joined: 15/12/2005(UTC)
Posts: 3,520
Location: Spain
Sorry to hear that, mate!

Koll´s will give you very high values. I think Koll´s heavily over-value the stuff, so that is best avoided in your situation!!!
Best shot would probably be to look the items up on Ebay. There is an option to search only on finished auctions. You wouldnt want to go for any "Buy Now" price as it is generally higher.
If you originally bought your stuff from Europe, you might get away with looking ONLY at european prices, which I guess will be lower than prices down-under.
Best regards
Henrik Hoexbroe ("The Dane In Spain")
http://hoexbroe.tripod.com
Offline ac jacko  
#4 Posted : 27 May 2010 15:07:09(UTC)
ac jacko


Joined: 09/04/2010(UTC)
Posts: 897
Location: Gawler South Australia
If you had most of the collection before you entered the relationship this does help in how much the "hornby supporter" is entitled too. Grab a lawyer mate best bet and good luck
Offline river6109  
#5 Posted : 27 May 2010 15:11:58(UTC)
river6109

Australia   
Joined: 22/01/2009(UTC)
Posts: 14,716
Location: On 1965 Märklin Boulevard just around from Roco Square
How can you come to a value ?
I would start off with the price you paid for and deduct 66%, if you can classify it as second hand.

You can always dispute the value.

Or you may want to list all the items and I can see what value I can come up with.

John
https://www.youtube.com/river6109
https://www.youtube.com/6109river
5 years in Destruction mode
50 years in Repairing mode
Offline DamonKelly  
#6 Posted : 27 May 2010 17:24:53(UTC)
DamonKelly

Australia   
Joined: 26/03/2006(UTC)
Posts: 1,421
Location: Brisbane, QLD
As John pointed out, possibly the best solution is if you can provide evidence of the actual purchase price of each item.
Could be difficult, I know. OhMyGod

I keep all invoices and receipts just in case (not because I think the FD is about to bolt OhMyGod, more worries about fire/theft/???)

Plus, I enter all significant purchases into my database, and have an offsite backup.
Yes, I know, hindsight is a wonderful thing...etc, etc, etc...Unsure
Cheers,
Damon
Offline H0  
#7 Posted : 27 May 2010 20:02:33(UTC)
H0


Joined: 16/02/2004(UTC)
Posts: 15,265
Location: DE-NW
DamonKelly wrote:
Might be worthwhile getting hold of a Koll's guide to values -- that might give you some independant valuations.

Koll values are for unused items in mint condition with original box.
Take 50 % for items you've played with.
Any missing part reduces the value further.

Get the latest Koll's (prices were going down recently).
Regards
Tom
---
"In all of the gauges, we particularly emphasize a high level of quality, the best possible fidelity to the prototype, and absolute precision. You will see that in all of our products." (from Märklin New Items Brochure 2015, page 1) ROFLBTCUTS
UserPostedImage
Offline pserup  
#8 Posted : 27 May 2010 20:26:04(UTC)
pserup

Denmark   
Joined: 02/08/2006(UTC)
Posts: 897
Location: Ramløse, Denmark
Bummer! Sorry to hear ThumbDown

It does remind me that if I should ever get hitched it will be under terms where each partner can only take out what they brought in to the relationship. In Denmark you can choose between "separate ownership" and "common ownership" when you marry. Only reason to choose the latter is if she's stinking rich ... RollEyes
CS, Denmark/Germany Ep. I - V, Switzerland Ep. II - V, USA Ep. III/IV
Offline 5HorizonsRR  
#9 Posted : 27 May 2010 20:59:22(UTC)
5HorizonsRR

United States   
Joined: 05/12/2004(UTC)
Posts: 2,865
Location: CA, USA
I'd have a dealer (preferably one you know) evauluate it on shop letterhead, as per street price.

OR, (even better) have him make you a formal offer on it. (at wholesale) Thats the true value of what you'd get if you needed to unload it in one shot. Insurance value is the opposite end of the spectrum...

SBB Era 2-5
Offline gachar001  
#10 Posted : 27 May 2010 21:42:33(UTC)
gachar001

India   
Joined: 29/04/2008(UTC)
Posts: 1,391
Location: Chennai
Sorry to hear about it.
It will be very hard to agree on a price. If all negotiations fail maybe you should just split the collection and let her have half of it.
One person does the splitting and the other person gets first pick.
Gautham
Atlanta, GA USA
Offline trainbuff  
#11 Posted : 27 May 2010 22:19:59(UTC)
trainbuff


Joined: 26/11/2006(UTC)
Posts: 507
Location: Atlanta, Georgia
If you have an ebay account you can do research to see what items have actually sold for. Print that out and give it to lawyers. I would think those are a good indication of an item's worth, just like comparables are when getting a house appraised.

good luck
Offline john black  
#12 Posted : 28 May 2010 00:35:20(UTC)
john black

United States   
Joined: 22/04/2004(UTC)
Posts: 12,139
Location: New York, NY
black_pete wrote:

... my eight year relationship hit the rocks a few months back when my partner decided to leave.
... how the hell do you value a collection gathered over the last twenty years !!!

Hi Pete - sorry for you !!!

Well, let's talk business. So SHE wanna marklins you've bought 20 !!!!!! years back ???!!!
This lady must be completely out of this world but never mind - we can cover this Sneaky


SOLUTION: GET SOME JUNK MARKLIN STUFF FROM EBAY AND FORK IT OVER TO DA BXXXX.
MISSION COMPLETED
ThumpUpThumpUpThumpUp


Have fun Flapper

John
I hope no one visits a poor Southener's layout in Brooklyn. Intruders beware of Gators.
AT&SF, D&RGW, T&P, SP, WP, UP, BN, NYC, ARR, epI-III - analog & digital Marklin Classics only.
CU#6021 FX-MOTOROLA DIGITAL SYSTEM. Fast as lightning and no trouble. What else ...
Outlaw Member of BIG JUHAN's OUTSIDER CLUB. With the most members, worldwide

Offline Bigdaddynz  
#13 Posted : 28 May 2010 00:46:30(UTC)
Bigdaddynz

New Zealand   
Joined: 17/09/2006(UTC)
Posts: 18,663
Location: New Zealand
Hi Pete. Sorry to hear of your situation. I went through the same thing earlier this year. The only difference is that my ex doesn't want any of my Marklin collection.
Offline David Dewar  
#14 Posted : 28 May 2010 01:14:05(UTC)
David Dewar

Scotland   
Joined: 01/02/2004(UTC)
Posts: 7,341
Location: Scotland
Hi Pete. Sorry to hear your news. One suggestion above is to get a dealer to give you a purchase value that he would pay. This should be low. The other way of course is to give her half the trains and with the cash you save buy some new Marklins. Ensure you are at present using a really cheap controller etc.

Good luck for the future.

dave
Take care I like Marklin and will defend the worlds greatest model rail manufacturer.
Offline Bigdaddynz  
#15 Posted : 28 May 2010 01:24:42(UTC)
Bigdaddynz

New Zealand   
Joined: 17/09/2006(UTC)
Posts: 18,663
Location: New Zealand
Of course all the suggestions given rely on assuming your ex has no inventory of your collection. If she has had your collection independently valued, then I suspect she does have it listed. And she would therefore know if you were offering cheap substitutes.

Best thing to do is to try and get several valuations of the collection, maybe you get one each. Then get someone you both nominate for a third valuation, and the final value becomes the average of the 3 valuations.
Offline john black  
#16 Posted : 28 May 2010 01:43:04(UTC)
john black

United States   
Joined: 22/04/2004(UTC)
Posts: 12,139
Location: New York, NY
Bigdaddynz wrote:

If she has had your collection independently valued

Nope. I really wouldn't have adviced HER doing so without Pete being present at such.
Since this would give proof an alien individual had illegal access to Pete's belongings.

And this again were perfect evidence why so many of his gold & silver coins are missing, now ... UserPostedImage

She can never win this marklin thingy.
I hope no one visits a poor Southener's layout in Brooklyn. Intruders beware of Gators.
AT&SF, D&RGW, T&P, SP, WP, UP, BN, NYC, ARR, epI-III - analog & digital Marklin Classics only.
CU#6021 FX-MOTOROLA DIGITAL SYSTEM. Fast as lightning and no trouble. What else ...
Outlaw Member of BIG JUHAN's OUTSIDER CLUB. With the most members, worldwide

Offline sudibarba  
#17 Posted : 28 May 2010 02:44:45(UTC)
sudibarba

United States   
Joined: 28/07/2006(UTC)
Posts: 880
Location: Augusta, GA USA
Does she have an inventory? What about her clothes and jewelery?
Eric
Offline muzza  
#18 Posted : 28 May 2010 03:52:16(UTC)
muzza

Australia   
Joined: 13/05/2010(UTC)
Posts: 122
I suspect it is not the value of your collection which is at stake here (although Train Trader in Sydney is a Marklin dealer and values collections-you probably already know this). I think the real issue is that it is something you want/love and she thinks you will pay over the odds to keep it. I would be inclined to offer her half (or the agreed proportion of the "relationship assets" )of the actual collection (trying to pick the best pieces as she is unlikely without a formal valuation (probably unlikely) to know what is worth the most).I assume she is not likely to want the pieces and will eventually want to sell them or realise that you are not going to pay her a premium.
Offline nevw  
#19 Posted : 28 May 2010 11:40:40(UTC)
nevw

Australia   
Joined: 27/08/2005(UTC)
Posts: 11,071
Location: Murrumba Downs QLD
Sorry to hear that bit of News.
However AS suggested earlier demand half of her Jewellery and all of the expensive stuff tha tyou have purchased.
For Marklin Stuff only that brought in the last eight years,
get a value from Ebay from Past sales and average out the prices. As suggested use German Prices and then use Ebay ex Rate at the time.

NN
NOt wearing the Pink Pinny, which is hard to see and now I have a white Pinny which also is hard to see against MY pure white Skin Still have 2 new shiny tin Hips that is badly in Need of Repair matching rusting tin shoulders
and a hose pipe on the aorta
Junior member of the Banana Club, a reformist and an old Goat with a Bad memory, loafing around
Offline nevw  
#20 Posted : 28 May 2010 11:42:04(UTC)
nevw

Australia   
Joined: 27/08/2005(UTC)
Posts: 11,071
Location: Murrumba Downs QLD
PLease Delete
NOt wearing the Pink Pinny, which is hard to see and now I have a white Pinny which also is hard to see against MY pure white Skin Still have 2 new shiny tin Hips that is badly in Need of Repair matching rusting tin shoulders
and a hose pipe on the aorta
Junior member of the Banana Club, a reformist and an old Goat with a Bad memory, loafing around
Offline hxmiesa  
#21 Posted : 28 May 2010 11:51:05(UTC)
hxmiesa

Spain   
Joined: 15/12/2005(UTC)
Posts: 3,520
Location: Spain
"Let her have it". -The tains, that is... I was thinking that too; Depending on the size of your collection, you might try the opposite tactic;
If she thinks it is worth huge money, then list all items at the highest newest oficial AU/OZ dealer prices. Then let it count agianst her stake of the lot, and let her have half of it. For what you gain by this, you can easily restock your collection, while SHE probably will be stuck with stuff she doesnt know how to unload. (Make sure she accepts the high value so as not to come running back claiming that you cheated her ;-)
Best regards
Henrik Hoexbroe ("The Dane In Spain")
http://hoexbroe.tripod.com
Offline husson73  
#22 Posted : 28 May 2010 13:59:13(UTC)
husson73


Joined: 20/05/2010(UTC)
Posts: 105
Location: Paris - France
As a (french)lawyer, who don't know the laws from the State of Victoria, I can only say that the use of an expert appointed by court could be a bad issue as the experts very often don't know really the value of things.
The Koll prices aren't correct according to the market price in most case and as Marklin toys train collector I can say that I never or nearly saw an item reached the Koll prices (speaking about auctions of important OO HO Marklin collection on which there were not only french but also foreigners as german and swiss, went to an auction on last april on which there were many early OO HO Marklin items in VGC mostly boxed, foreigners bidders german and swiss, I can sent you the results with price if you want and you would see that a very few items -the rarest and very earlies pre war and just post war- reached or nearly the Koll prices).
A drastic way would be to sell by auction your Marklin collection: you will get the real prices.
3 rails HO OO O I, DC and AC, analogic and digital.
Offline pa-pauls  
#23 Posted : 28 May 2010 17:13:05(UTC)
pa-pauls


Joined: 08/06/2002(UTC)
Posts: 1,841
Location: Norway
Sorry to hear this Pete...

Now you know why my collection is listed as "separate property" with my "new" wife Wink
Pål Paulsen
Märklin Spur 1 Digital, epoche 3
Offline Jeremy Palmer  
#24 Posted : 28 May 2010 20:10:46(UTC)
Jeremy Palmer

Barbados   
Joined: 15/04/2005(UTC)
Posts: 2,464
Location: St. Michael, Barbados
Everything I have is being held in trust for Nicholas so why on earth would you want him to have half?

Jeremy/
Jeremy.

1). If at first you don't succeed, bungee jumping mightn't be for you.
2). The early bird may get the worm, but it's the second rat that gets the cheese.
Offline mike c  
#25 Posted : 28 May 2010 21:27:15(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,892
Location: Montreal, QC
The Swiss auction site Dorenbach.ch lists the selling prices for most of their previous auctions.

Regards

Mike C
Offline Bigdaddynz  
#26 Posted : 29 May 2010 00:54:48(UTC)
Bigdaddynz

New Zealand   
Joined: 17/09/2006(UTC)
Posts: 18,663
Location: New Zealand
pa-pauls wrote:
Now you know why my collection is listed as "separate property" with my "new" wife Wink


Good move, Pål.
Offline river6109  
#27 Posted : 29 May 2010 09:50:52(UTC)
river6109

Australia   
Joined: 22/01/2009(UTC)
Posts: 14,716
Location: On 1965 Märklin Boulevard just around from Roco Square
I think one has to start thinking what is it all about, is it purely revenge, because you've spent soo much time with your trains and not enough time with your ex.
Only you know her reasons for asking for a 50% share.
It looks to me, from the outside, you love your trains and most probably don't want to seperate from them.
This would give her enough leverage to pull the punches.
Only you know whether or not it has been a financial burden for both of you buying "Trains" and whether or not, you have been able to afford them while being together.
Posessions and being possesive go nicely along each other, you have to figure out which one you're going to give up and it looks like it is both.
Your ex-partner most probably has got no interest in trains and you should offer her half of the collection.
If you think she is intitled to or her solictor says so, how much is it going to cost you to defend your claim ?

On the surface, don't let her know you can't be without your collection, get a few quotes and ask her what she would like from the collection.
Unfortunately you have to make the effort to get a quote or two as your partner can claim a million dollars from or of your collection.
Another thing in divorces is overlooked and this is superannuation. So this could be another hit you haven't been presented with.
And you can't start claiming afterwards the event.
Me too, I'm sorry to hear this but divorce has never been a rosy affair.
What has been lovey dovey for certain years in the past has now become a reality check.

Seperate property is a start but does'nt mean it will stand up in a court case and sometimes to defend your property will cost you the same money what your collection may be worth or far less.

Another hint for people who think their marriage is on the rocks, before the seperation takes place remove items from your house either given away as gifts or thrown out as "worthless junk", so to speak.

Another failure some people have forgotten, by declaring your collection, not being recognised as "Collateral" e.g. applying for a loan etc. etc., you can't turn around afterwards and saying it does'nt exist.

John







https://www.youtube.com/river6109
https://www.youtube.com/6109river
5 years in Destruction mode
50 years in Repairing mode
Offline David Dewar  
#28 Posted : 29 May 2010 14:26:45(UTC)
David Dewar

Scotland   
Joined: 01/02/2004(UTC)
Posts: 7,341
Location: Scotland
If giving away half the collection then why not give your ex the first choice of loco then you take one etc until all are distributed. This gives you a reasonable chance of getting most of your best locos. Perhaps you can toss a coin as to to who gets first choice.
If it was me I would just get a valuation from a dealer. The valuation would be the price the dealer would give you for your collection (probably very low) If your ex does not like this then tell her to take legal advice which she will no doubt be getting anyway.
From your point of view your lawyer should help and let you move on as quickly as possible to start the next part of your life.
best wishes

dave
Take care I like Marklin and will defend the worlds greatest model rail manufacturer.
Offline Nightowl4933  
#29 Posted : 01 June 2010 23:53:01(UTC)
Nightowl4933

United Kingdom   
Joined: 09/02/2008(UTC)
Posts: 972
Location: North Wiltshire
Hi Pete,

Like everyone else here, i'm sorry about your situation Sad

Many years ago, a friend of mine went through a such a separation and his partner wanted half the proceeds of his MG Midget Love, as they couldn't agree who should keep it. So he sold it for £10 and gaver her a fiver Flapper. A week later he bought it back for £20 Flapper. A bargain, I thought ThumpUp ThumpUp
Living on Earth is expensive, but it does include a free trip around the sun every year.
Z Scale is great - where's me glasses?
Offline GSRR  
#30 Posted : 02 June 2010 00:41:26(UTC)
GSRR

United States   
Joined: 01/03/2009(UTC)
Posts: 1,339
Location: USA
Pete,

most unfortunate, hope it works out.

Just a little humor..







Regards,


Thomas


ETE UserPostedImage ECoS iTrain TouchCab C-Gleis German Era Id & IIIb USA Era IIIb SBB Era III SJ Era IV GC Era V
Offline YannisB  
#31 Posted : 14 June 2010 06:03:34(UTC)
YannisB

United States   
Joined: 22/05/2010(UTC)
Posts: 190
Location: USA
black_pete wrote:
Hi

Well as in the general course of living my eight year relationship hit the rocks a few months back when my partner decided to leave.

Today we had a legal roundtable to discuss property settlement and surprise she is making a claim for half my Marklin collection. I had listed this in my property assets but interesting she "independently" valued it 50% higher and wants half of that included in her settlement value Crying Cursing Angry Sad

I know this has been aired here before but how the hell do you value a collection gathered over the last twenty years !!! No there's nothing of any real specific value but just a range of fairly standard and mainly SBB outline stock.

From a personal point of view not the best of days.



As somebody else suggested, I would say "sell" ALL the collection to a friend for a minimal price, give her half or even more of the proceeds to settle (remember, half of nothing is nothing), and when all is over, get your collection back from your friend.
Best of luck!
Yannis
Offline sudibarba  
#32 Posted : 14 June 2010 06:20:00(UTC)
sudibarba

United States   
Joined: 28/07/2006(UTC)
Posts: 880
Location: Augusta, GA USA
The important thing is to get rid of the problem. Plenty more trains available.
Eric
Offline husson73  
#33 Posted : 14 June 2010 13:13:24(UTC)
husson73


Joined: 20/05/2010(UTC)
Posts: 105
Location: Paris - France
Just want saying that the fact to sell the trains for a very cheap price isn't a good issue as it can be considered as a fraud!!!!
auction or expert valuation seem the only issues unless the partries agree about an other ùmethod.
3 rails HO OO O I, DC and AC, analogic and digital.
Offline mike c  
#34 Posted : 15 June 2010 21:05:34(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,892
Location: Montreal, QC
If the other party in the dispute is demanding 50% of the value of the collection, you have to establish the value of the collection. For example, seeing that you are living in Australia, the demand for those items may be less in Australasia than it would be in Europe or other areas of the world. For example, a Swiss Maerklin lok could technically remain unsold on eBay for a long time, while a similar lok in Europe would be sold rapidly. You also have to consider that if you were to list the item on eBay.de and sell it from Australia, that bidders would have to take the shipping costs from AUS to Europe in consideration and that your item would not be competitive with similar or identical European items for that reason, plus the applicable VAT Taxes of up to almost 20% that importers might have to pay on top of that.
Establishing a value using Koll's can be difficult, as Koll's normally provides a value for mint in the box items. Items that have been used rapidly lose a percentage of their value, much as does as vehicle as soon as it is driven off the lot.
I would calculate a basket value, that is, find maybe 5 of the same item listed on auctions, eBay, pawn shop, dealer purchase quotes, dealer sales quotes (used), etc and then establish an average value for that particular item. You can then set aside the equivalent to 50% of the overall assessment for possible payment.
The first thing that you will need to do is to hire a lawyer who will challenge the value of the collection. Australian law will also determine whether the fact that the collection represents 20 years of work and whether the other party can claim 50% of that value for 8 years of cohabitation.
You also need to look into hiring investigators to find out how much revenue your ex-spouse is obtaining on her own, whether he/she is being supported by somebody else, etc... If you have children, either from the marriage or from previous relationships, the collection may be part of a legacy for those children and thus at least partially shielded in this instance.

I agree that undervaluating the items in a convenience sale may constitute fraud.

Best of luck and regards

Mike C

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