DARK SHADOWS FORUMS

General Discussions => Current Talk Archive => Current Talk '24 I => Current Talk '07 I => Topic started by: Joeytrom on April 25, 2007, 12:17:02 AM

Title: Paul Stoddards legal status at Collinwood
Post by: Joeytrom on April 25, 2007, 12:17:02 AM
In the Jason McGuire episodes, Rogers tells Carolyn that it is a good thing Elizabeth is getting a divorce from Paul.  He says that Paul could just waltz into Collinwood and take over as head of the house as he is still legally married to Liz.

Is this possible after all that time for him to just be able to take over the household?
Title: Re: Paul Stoddards legal status at Collinwood
Post by: Gerard on April 25, 2007, 01:09:02 AM
Now that's an interesting point.  I suppose it would depend upon the status of marital property law in Maine at that time.  I remember in my state, back in the 70's, a marital property reform bill was introduced into the legislature.  Until that time, all property was held as belonging to the husband alone.  That included property and assets he came into the marriage with, property and assets accumulated by the couple during their marriage, and - this is unbelievable in our current day and time - any property and assets the wife brought into the marriage.  If the wife died, the husband paid no inheritance tax on any of it; if the husband died, the wife had to, including on her own property and assets she brought into the marriage.  Since I reside in an agricultural state, many farm widows had to sell their farms in order to pay the tax (there were convoluted loopholes that only a lawyer could decipher to prevent this from happening, or from softening the blow - my parents did that when they drew up their wills way back in the early sixties).  Finally, legislation was introduced, and a very small handful of legislators fought it tooth and nail, saying that granting equal status between spouses was a "communist plot."  However, it did pass.  So who knows what the status of marital property was in Maine back then.  If it was like where I live, it would made good stuff for a soap opera plot about a long-lost, money-grubbing hubby who returns.  Although I could see Elizabeth - should Paul have demanded his "rights" - threatening to use her own power to rip his face off, settling the question right then and there.

Gerard
Title: Re: Paul Stoddards legal status at Collinwood
Post by: Miss_Winthrop on April 29, 2007, 11:11:30 PM
This is interesting since Liz never legally sought to have Stoddard legally declared dead even just to keep up appearances.  I wonder if Liz had him sign a pre-nuptial agreement.  The family lawyers would have certainly thought of that, eh? 
Title: Re: Paul Stoddards legal status at Collinwood
Post by: CrazyJenny on April 30, 2007, 05:08:49 AM
Surely someone with as much money as Liz would have gotten a pre-nup?
Title: Re: Paul Stoddards legal status at Collinwood
Post by: MsCriseyde on April 30, 2007, 05:28:23 AM
Surely someone with as much money as Liz would have gotten a pre-nup?
If Wikipedia is to be believed (and that is one honking big if), in Maine, the birth of a child negates a prenuptial agreement unless steps are taken to renew it.
Title: Re: Paul Stoddards legal status at Collinwood
Post by: Midnite on April 30, 2007, 06:53:43 AM
If Wikipedia is to be believed (and that is one honking big if), in Maine, the birth of a child negates a prenuptial agreement unless steps are taken to renew it.

FindLaw confirms this-- "Except as otherwise provided in this section [Chap. 21, sec. 606], an effective premarital agreement is void 18 months after the parties to the agreement become biological or adoptive parents or guardians of a minor. The premarital agreement is not void if, within the 18-month period, the parties sign a written amendment to the agreement either stating that the agreement remains in effect or altering the agreement."

Originally, we were told that Paul left 6 months before Carolyn was born, but the story was later revised to his leaving before she turned two.  Knowing about this law now, doesn't the 2nd scenario make more sense?  I mean, if such an agreement had been in place, I could definitely see Paul waiting around to insure that Carolyn safely turned 18 months old before he took off.   :-
Title: Re: Paul Stoddards legal status at Collinwood
Post by: Miss_Winthrop on May 23, 2007, 07:55:24 PM
I had forgotten that Carolyn had already been born before Paul left. You would have thought that he might have bonded at least a little bit with the baby but alas, he didn't.  Since the last scene between Paul and Liz was unplanned, Jason had to think quickly on an alternate plan when he had Liz wait in the foyer after he went into the drawing room to check on Paul.  I can see them dividing up the money and and detailing their plans to meet up at a later place for the actual money sharing.  Unless that is Paul took off with his half and Jason buried his share outside the drawing room window.  It wouldn't be like Jason to trust Paul very far with the loot.