Bluesbird Exotics wrote:... The best idea I've gathered is that you determine the fair market value of your birds and arrange an agreement to buy them from the estate with part of the rest of the liquidated proceeds. I think I could help you with the first part, establishing their fair market value. That's why I asked what county you're in. Your attorney would need to arrange an agreement to buy them from the estate with part of the rest of the liquidated proceeds...
This plan does not involve any argument that the birds should not be sold, only that instead of selling them, you will pay the ex his half from the proceeds of what you make by selling the rest of your things. Then you provide evidence of how little resale value they have in today's market, so the amount you need to pay the ex is as little as possible. And the birds will be all yours!
One idea that I doubt applies in your case is an appeal if any of your birds has been specially trained to serve as a "therapy" bird essentially to assist you since you're disabled, as a guide dog would a blind person. I'm sure you would have mentioned if that were the case.
The courts cannot consider emotional hardship to you or the birds. The rationale is that what was bought must be sold to make your settlement. Do you mind telling me, in a PM, what you paid for the 4 birds and their cages and playstands and how long ago you bought each one? Those are the figures your ex will likely tell the court they're worth, so it's what we're working down from in our effort to document that the market has changed dramatically since you bought them. I've got a busy day starting fast, so I can't work on this until tomorrow, which is my birthday, so it's gonna be busy too, but we'll get there.
Good luck with the attorney.