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Thread: Divorce & Your Right to Your Guns

  1. #1
    Regular Member LovesHisXD45's Avatar
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    I have an interesting question. I'm about to be single again next year after 12 years of marriage. Is there any way, if the wife decided to get nasty, that she could go after some of my guns in court? Could she try to take half of em away like everything else?
    She hasn't paid for any of em. None are hers. I'm just wondering.

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    Campaign Veteran T Dubya's Avatar
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    You can't be serious.
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    LovesHisXD45 wrote:
    I have an interesting question. I'm about to be single again next year after 12 years of marriage. Is there any way, if the wife decided to get nasty, that she could go after some of my guns in court? Could she try to take half of em away like everything else?
    She hasn't paid for any of em. None are hers. I'm just wondering.

    Kevin
    If they were purchased during the marriage: Yes.

    I avoid it you will have to show that they were purchased prior to the marriage, or that they were gifts to you from someone else (parents, brother, sister, etc) and that someone else's funds purchased them..

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    Consult a divorce attorney in your state but the general answer is yes. Especially if it is a valuable collection of guns and you obtained them during your marriage. Everything will be split 50-50. She gets the car, you get the payment book. She gets the house, she gets the payment book. She gets the credit cards and you get the debt.

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    Could you "gift" them to a friend or relative, at least until after the settlement. I saw on another forum a guy was going through a nasty divorce and the wife took his sweet Jeep. She didn't want or need it, and probably never liked it, but aksed for and won it just to stick it to the husband. She knew it meant a ton to him, and that fueled her desire.

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    Regular Member LovesHisXD45's Avatar
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    Aight, Thanks
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

  7. #7
    Regular Member LovesHisXD45's Avatar
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    This will be a peaceful divorce so far. After all, I have evidence compiled against her if she wants to get mean. She has given alcohol and cigarettes to a minor and had an affair where she contracted the clap and then gave it to me. That is how I caught her cheating. I also have key logger logs detailing cyber sex with a 17-year-old boy and other men. Between the adultery, the contributing to the delinquency of a minor and the pedifilic tendencies she has displayed online, I would say that I am in a good position if things get nasty.

    I told her that if she decided to take it to court that I would rake her over the coals and leave her with nothing. From what I hear, an attorney would just love to use all of the skeletons in her closet to french fry her in court. Hopefully it won't come to that though. Wish me luck.

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    If you start feeling that you're fighting a losing battle, then go to a pawn shop and get a pawn price for all your firearms, (you know it'll be a fraction of the value), then pay her off at half of the pawn value, I don't think a judge can screw you for accepting a Pawn gun dealers price..

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    Might I suggest something kinda...fuzzy? "Sell" them to a family member or friend, get a bill of sale for a couple hundred bucks. Split it with her and wait till after the divorce to buy them back.

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    forever_frost wrote:
    Might I suggest something kinda...fuzzy? "Sell" them to a family member or friend, get a bill of sale for a couple hundred bucks. Split it with her and wait till after the divorce to buy them back.
    Most likely that won't be acceptable by a judge if her attorney challenges it, That would be like cutting the sofa in half with a sawzall and giving her half of a piece of furniture, Most judges will make you go out and buy an identical or of same value sofa for the ex, and you will be the proud owner of 2 halves of the original sofa..

    I know' I've been down that road..

    but I do think a judge will accept a pawn brokers bid as used market value. I'm not saying you should pawn your firearms, just get a bid, and settle her with half of the bid.. If the pawn brokers bid isn't acceptable then tell the judge you'll sell them all, but it may take some time.and only you have to know who the buyer is,family/ friend

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    What are your state's purchase restrictions?

    Here, you have to have a purchase permit where they run a back ground check. I would assume there is something similar there. If she doesn't own any weapons, and hasn't had a background check, can she have them?

    Maybe something along those lines would work. I know that I can't buy a gun and have it belong to my soon to be.

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    LovesHisXD45 wrote:
    This will be a peaceful divorce so far. After all, I have evidence compiled against her if she wants to get mean. She has given alcohol and cigarettes to a minor and had an affair where she contracted the clap and then gave it to me. That is how I caught her cheating. I also have key logger logs detailing cyber sex with a 17-year-old boy and other men. Between the adultery, the contributing to the delinquency of a minor and the pedifilic tendencies she has displayed online, I would say that I am in a good position if things get nasty.

    I told her that if she decided to take it to court that I would rake her over the coals and leave her with nothing. From what I hear, an attorney would just love to use all of the skeletons in her closet to french fry her in court. Hopefully it won't come to that though. Wish me luck.

    Kevin
    always remember "You never know a women till you meet her in court."
    Sorry man, good luck

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    JDriver1.8t wrote:
    What are your state's purchase restrictions?

    Here, you have to have a purchase permit where they run a back ground check. I would assume there is something similar there. If she doesn't own any weapons, and hasn't had a background check, can she have them?

    Maybe something along those lines would work. I know that I can't buy a gun and have it belong to my soon to be.
    In most states the background check only applies when buying from a dealer. No check is necessary for private sales, or transfer of ownership.

    Edit: But if she has ever had a felony... That is another story.

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    From what I hear, an attorney would just love
    Again I advise talk to a lawyer and apy no attention to the "From what I hear BS."

    You say next year but what is your timeframe and if you really plan to you better start working on it now and with an attorney. Just because you talk to one doesn't mean you have to go throught it. After 12 years of marriage I would think that you have greater concerns than just your guns in a divorce. All this advice you are getting on here is worth exactly what you are paying for it so you better get some from someone who knows the laws of your state. Otherwise it may get very nasty.

    To quote Lewis Grizzard, "The next time I think about getting married I am just going to find an ugly woman and buy her a house".

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    There ya go, more advice -- Worth exactly what you paid for it..

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    It depends on what jurisdiction you're in. Generally, spouses have a "dower interest" in property obtained after the marriage. Some states explicitly allow for "community property" which is pretty much an equal interest in marital property, which may or may not include real or personal property you had before.

    As ever, consult a real lawyer. Good luck and remember that divorce, as such (as opposed to a dissolution), is an adversarial process. I've seen people who tried to be decent get taken advantage of. If the two of you could be trusted to get along, you wouldn't be splitting for cause.

    -ljp

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    Family law varies from one state to the next. I recommend getting an attorney if you do not already have one.

    Dower interests in real property (they never applied to personal property) have generally been abolished in most states. However, most states have also adopted "equitable distribution" statutes that have made most states de facto community property states in practice.

    Also, any attempts to transfer property and/or otherwise deplete the marital asset base will likely be discovered by the other spouse's attorney and will be deducted from your share of the distributed assets.

    Again, I recommend getting an attorney if you do not already have one.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Put them in a trust :-p

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    Generally speaking, each of you are entitled to half of the marital assets. If a judge has to decide who gets what - believe me, it will be 50/50 right down the line.

    So, it is in both of your best interests to agree on the division of property. If the divorce is uncontested, the judge will likely go along with whatever the two of you have already agreed to.

    Sorry about your luck pal...Divorce really sucks...


    Edited to remove stupid question from not reading all posts

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    Regular Member LovesHisXD45's Avatar
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    Thanks everyone. I talked things over with the wife. We have come to an agreement. She doesn't want the guns. We'll sell the house and split everything 50/50, including the tax refunds and the equity cash payout on the house. Kids will be joint custody and remain on my insurance plan with my employer. She'll get $350.00 per paycheck in child support with no alimony.

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    Wow, sounds like a plan.. sounds about how my divorce went until the ex's attorney started whispering in her ear, then she got 90% and I got 10% which I was OK with, since practically everything we had was catered to her taste when we purchased it.. I got my Truck,Guns,Tools, Yellow Lab., and my sanity back. Sold the house to break even.. But she did file my income taxes without me and screwed me out of some hard earned returns But I didn't care, I was finally free of her Bit@#ing. You still better arm yourself with a good attorney, mine ran in the neighborhood of 7K and worth every penny.

    In fact I turned her new ole man on to this site and he may very well be reading this post as we Speak.. Hello "D"

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    Well, I think it will be easier on your kids if the divorce is not contested. I'm glad to hear you have an agreement. We will pray for your kids. Best of luck to you.

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    Regular Member LovesHisXD45's Avatar
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    Carnivore wrote:
    Wow, sounds like a plan.. sounds about how my divorce went until the ex's attorney started whispering in her ear, then she got 90% and I got 10% which I was OK with, since practically everything we had was catered to her taste when we purchased it.. I got my Truck,Guns,Tools, Yellow Lab., and my sanity back. Sold the house to break even.. But she did file my income taxes without me and screwed me out of some hard earned returns But I didn't care, I was finally free of her Bit@#ing. You still better arm yourself with a good attorney, mine ran in the neighborhood of 7K and worth every penny.

    In fact I turned her new ole man on to this site and he may very well be reading this post as we Speak.. Hello "D"
    Yeah, this marriage has been pretty interesting. Although we have had our problems, we never really got into it too much as far as fighting goes. We both just realized that we aren't for each other anymore. She has changed, and I have also changed. We are just no longer compatible. I had hope that the relationship could be repaired over time, but when she had the affair, I realized that she would never be able to be faithful to me over the long haul, and that I could also never trust her to do so.

    Without trust and confidence in fidelity, no relationship can survive long term. Although we have decided to go our separate ways, so far, there are not too many harsh feelings. She doesn't hate me, and I don't hate her. We're just finished. It's too bad that the kids have to suffer the collateral damage though.

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    Carnivore wrote:
    There ya go, more advice -- Worth exactly what you paid for it..
    Advice is like a bucket of rocks.Most of it isjust rocks but every now and then you may find a diamond or at least a marble. Don't discard it without at least looking at it.

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    True Dat !!

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