DIVORCE QUESTION?

[westonsecurity 6]

I was asked a question reguarding divorce and property. Are guns joint property? I say yes, but he thinks that if the weaapons are in his name they are his. I think that this is 50/50 property and might need to be sold and split. The only way around this would be to sell to someone you trust, get divorced and then buy back at a later date. Am I right in my assumption? Has anybody unfortunatally gone thru this?

 

It's cheaper to keep her I like to say....

[Vultite 57]

This is up to the judge and laws of that state. If person A has significantly more property thank person B, than person A is obligated to give person B X amount of property, which may include a firearm unless person B is not allowed to own it (felony) but that is stuff lawyers and judges can clarify.

[akastormi 617]

I sold all mine before the divorce, for a pack of cigarettes.

[termite 463]

As Vultite said, depends on the state and the laws, BUT, if the divorce has not been filed yet, what's to stop person A from selling the guns 1 at a time and liquidating them before the filing of the papers, but if person B (da bitch) has already filed papers, just piss her off to no end, get her to slap the dog shit out of you and press charges for domestic violence, she won't be allowed near the guns, but since person A most likely has a pecker, the judge always chops off at least half of it and gives to person B. Or maybe just get them appraised at a helluva devalued price, pay her half and get her off your back.

As far as community property, at my divorce I asked the judge about the rules and what all was considered community property, he said it all was, why? when I told him she could keep my half of that nasty pussy, I like to have had my ass handed to me by the judge, but he did crack a grin and the lawyers laughed their asses off.

[BobAsh 582]

It's community property, just like a car would be no matter whose name is on the paperwork.

 

I'm highly experienced in these matters

[Threecard 15]

Here's my two cents worth, not based on personal experience but on my line of work--

 

It would be best to put the firearms in a trust with a third party prior to filing an order of separation or for divorce. Selling them for what they are actually worth is best, trusting that your bud will live up to his part of the deal. It's very likely that upon separartion a spouse will issue a temporary restraining order. Along with the "order of separation", the TRO oten stipulates that:

 

 

1) No assets of appreciable value will be transferred or sold other than what is necessary for daily living expenses

 

2) In the case of a TRO, all firearms must be surrendered to the state (in other words, local law enforcement), especially in the case where the spouse claims that the he/she fears harm from the other party (in some cases, depending on the state, a TRO of any kind requires the surrender of all firearms).

 

Basically, if you have significant money in firearms or anything else that you can move/reallocate without the other party's consent, doing it early is best. I know it's hard to do that, especially if you have hope of salvaging the relationship, but it's true.

 

As an aside, ask a cop who's been through a divorce. One of the easiest ways to create difficulties for a spouse to jam the cop up is through a TRO, especially on the federal level

[superA 289]

Depends what State you live in. Texas has very rigid community property laws.

[bobsolla 7]

Here's my two cents worth, not based on personal experience but on my line of work--

 

It would be best to put the firearms in a trust with a third party prior to filing an order of separation or for divorce. Selling them for what they are actually worth is best, trusting that your bud will live up to his part of the deal. It's very likely that upon separartion a spouse will issue a temporary restraining order. Along with the "order of separation", the TRO oten stipulates that:

 

 

1) No assets of appreciable value will be transferred or sold other than what is necessary for daily living expenses

 

2) In the case of a TRO, all firearms must be surrendered to the state (in other words, local law enforcement), especially in the case where the spouse claims that the he/she fears harm from the other party (in some cases, depending on the state, a TRO of any kind requires the surrender of all firearms).

 

Basically, if you have significant money in firearms or anything else that you can move/reallocate without the other party's consent, doing it early is best. I know it's hard to do that, especially if you have hope of salvaging the relationship, but it's true.

 

As an aside, ask a cop who's been through a divorce. One of the easiest ways to create difficulties for a spouse to jam the cop up is through a TRO, especially on the federal level

[bobsolla 7]

Here's my two cents worth, not based on personal experience but on my line of work--

 

It would be best to put the firearms in a trust with a third party prior to filing an order of separation or for divorce. Selling them for what they are actually worth is best, trusting that your bud will live up to his part of the deal. It's very likely that upon separartion a spouse will issue a temporary restraining order. Along with the "order of separation", the TRO oten stipulates that:

 

 

1) No assets of appreciable value will be transferred or sold other than what is necessary for daily living expenses

 

2) In the case of a TRO, all firearms must be surrendered to the state (in other words, local law enforcement), especially in the case where the spouse claims that the he/she fears harm from the other party (in some cases, depending on the state, a TRO of any kind requires the surrender of all firearms).

 

Basically, if you have significant money in firearms or anything else that you can move/reallocate without the other party's consent, doing it early is best. I know it's hard to do that, especially if you have hope of salvaging the relationship, but it's true.

 

As an aside, ask a cop who's been through a divorce. One of the easiest ways to create difficulties for a spouse to jam the cop up is through a TRO, especially on the federal level

[bobsolla 7]

agreed!at least in the state of florida that a temporary restraining order is the first; and the best way to make the court believe your case!men can be asshole`s;but women are genuinely crazy!ask your mom!you can simply give your firearms to an Anonymous person!best to tell your judge,court system;that you`re in fear for your your life from this person!if you don`t do this first,then you are a fool;and will have a hell of a time convincing a judge that she is not a victim!men are alway`s percieved as the agressor!take your chances;but they will lie to you like they always do,will!it`s a nature of a women!got to love them?!not?so funny,as i`am not a women hater;but i have no problem in my older years;all of 43 from speaking my mind!best of luck!love women;but not sure i will ever trust,believe them again!hope you keep your guns!

[csspecs 1,987]

Yeah I've heard some good ones in divorces. Never lie in court, never lie to a cop when making a report. One email or internet posting and your caught. Play by the rules or you lose big time.

 

 

And most importantly don't marry crazy people, I almost did and she is still annoying me over a year later.

[evlblkwpnz 3,418]

It's community property, just like a car would be no matter whose name is on the paperwork.

 

I'm highly experienced in these matters

 

For once.... being 'experienced' isn't a good thing. I can only imagine how deep that wound was....

 

Mine never got me for any weapons, but I ended up having to walk away from my first home. It still sucked to be homeless. I don't miss those days, but I learned a lot.

[illuminos_9 4]

Gotta love the marriage license!

[Paulyski 2,227]

Dudes! The bitch is after his guns!

Quit advising!

 

Dude, if you're reading this, she's planning to jack your guns & fuck your best friends!

Run like hell!!!! File first!!!

Edited July 9, 2010 by Paulyski

[westonsecurity 6]

As far as I know, papers haven;t been filed yet, and from what I gather his wife doesn't even know what's coming. I'm pretty sure that everything he wants to keep is going to be protected first before serving papers.

[joelrod47 373]

It's community property, just like a car would be no matter whose name is on the paperwork.

 

I'm highly experienced in these matters

 

Bob is absolutely correct....... !!

Even if you're successful in managing to retain your firearms, she'll find a way to fuck your life up in a myriad of other ways....... just because she can.........

 

I very likely have more miles than anyone else here in this particular regard.........

[eric1785 15]

Note to self, do not ever get married.

[Koliadko 207]

I'll just say here...not all women are out to screw their ex. I had an amicable divorce from mine. He was happy with what he got and I was happy with what I got. I would suggest, if you are going to get a divorce, to try to do it as 'nicely' as you can. It really is bad enough to begin with without starting WWIII.

[termite 463]

My ex wasn't happy with the house, 175K appraised value, only 34K owed, brand new 5th avenue, that I had to pay for, 4 savings accounts that I did not know about, I paid ALL lawyer fees, 12 years of child support @ $900.00 a month, so when the child support ran out, she took me back to court and sued me for non payment of about 15K for all the years back, that's the only one that I ever won, Oh yeh, tried to get me to pay to send one daughter to Harvard and the other to Alabama.

For what it's worth, tell that guy to save EVERY receipt for money that he gives her, even if it's for .10, it saved my ass, well, what little ass I had left.

Edited July 10, 2010 by termite

[Kliegl 304]

Did he own the guns before the divorce? In some states, that means they're his.

[illuminos_9 4]

Note to self, do not ever get married.

 

 

 

At least not "legally."

 

[going12220 125]

had a friend who sold his stuff to friends and family the however is the wife had a list of what he had before and the (now very pissed at him female) judge awarded her over half the value of the stuff that disappeared. Plus one of his now ex-friends decided the dollar he paid for the $ 3,000.00 AYA shotgun was fair and kept it.

What men forget is with cookware, silver, china, crystal, appliances, furniture, and other household stuff she's going to want there's enough value to offset several guns.

Edited July 10, 2010 by going12220

[chevyman097 2,579]

What men forget is with cookware, silver, china, crystal, appliances, furniture, and other household stuff she's going to want there's enough value to offset several guns.

 

Very good to remember. Although divorces can be ugly. Dont forget the petty things that the woman will want. Furniture, dishes etc..

 

My brother went through a divorce. His X was going to try and "get back at him" by making him pay up half of his deer rifle/shotgun collection.(he has many so it would have been a bit of change) He simply started making a list of furniture, dishes, china appliances. Being as neither of their new homes would be furnished she decided real fast she would take the dishes, appliances and furniture and leave him alone. Of course he was happy with this, he still had his guns. All a man needs is a toaster and his guns any ways right? lol

 

Best advice, as ugly as it gets dont try and pull any smooth ones, that can make it worse.(you may stil have to pay up half the value of the items you "sell off")Do your best to come to a middle ground and get the things important to you. If you can let some thing go to keep your pride and joys, by all means do it.

Edited July 10, 2010 by Chevyman097

[westonsecurity 6]

I asked a couple of questions and this is what I got. Thay are married almost 10 yrs., hired a P.I and found evidence of adultery. He's getting all his ducks in a row before serving papers. Most of the guns were his before they got married. Approx. 4 long guns & 3 handguns were purchased while married. It kind of sounds that no matter how prepared he is going into this he's at they mercy of the court. He's got one thing going for him , no kid's.

[Threecard 15]

Yeah I've heard some good ones in divorces. Never lie in court, never lie to a cop when making a report. One email or internet posting and your caught. Play by the rules or you lose big time.

 

 

And most importantly don't marry crazy people, I almost did and she is still annoying me over a year later.

 

Nice job dodging that bullet. 15 years of marriage later, I still don't know if I made the right decision. Go figure.

[Threecard 15]

Dudes! The bitch is after his guns!

Quit advising!

 

Dude, if you're reading this, she's planning to jack your guns & fuck your best friends!

Run like hell!!!! File first!!!

 

Again, I hate to say this, bu tif you think she is going to file, you need to beat her to it. God knows I don't encourage the break-up of any marriage, but if she gets there first it will hurt.

[Threecard 15]

I asked a couple of questions and this is what I got. Thay are married almost 10 yrs., hired a P.I and found evidence of adultery. He's getting all his ducks in a row before serving papers. Most of the guns were his before they got married. Approx. 4 long guns & 3 handguns were purchased while married. It kind of sounds that no matter how prepared he is going into this he's at they mercy of the court. He's got one thing going for him , no kid's.

 

If it's solid evidence and he's been faithful and hasn't abused her, he's on pretty solid ground.

[cellsworth 21]

I'll just say here...not all women are out to screw their ex. I had an amicable divorce from mine. He was happy with what he got and I was happy with what I got. I would suggest, if you are going to get a divorce, to try to do it as 'nicely' as you can. It really is bad enough to begin with without starting WWIII.

 

+1 Racegal. My divorce was quite amicable overall, unlike the marriage. We agreed on a fair division of the property, filed the papers, went through the process, and that was that. I got all "my" stuff (guns, hunting gear, tools, etc.) and she got all the furniture, TVs, appliances, etc. It worked out OK for me. Trying to work things out in a civil and cooperative manner is best, if you can manage it.

 

I also agree with Bob Ash about the community property thing. All of "my" stuff was, in fact, community property. I was just lucky that she was not after that stuff.

[Azrial 1,091]

I will say this, I have never been married, but if I was and it went bad I would not be seeking advice on a gun board. My advise to to get a lawyer and get one quick.

[Vultite 57]

what about if the guns were put into a trust he owns?