PDA

View Full Version : Guns and divorce


sanb909
02-16-2009, 3:12 PM
Hey, guys. Wish my first post was on a more pleasant topic, but here goes anyway. Long story short, my wife and I have had some pretty rocky times over the past few years and it looks like we're headed for splitting up at some point. Let me say right off the bat that there's never been any violence, neighbors reporting shouting by either of us, nor are there any children or propery issues (we've only lived in an apt.)

With that preamble out of the way, I want to know what I'm up against if we decide to split up. I've got approximately 18 long guns, a few of them of the OL variety, and a pistol. She's got a pistol as well. All the guns were bought here in CA.

I understand that what's mine is hers and vice versa, but I also know that sons can give fathers their firearms (long guns, anyway) without any paperwork needing to be filed. Could this be a way to avoid having her take half of them if things got ugly?

Furthermore, there's the issue of restraining orders and the need to rapidly get rid of one's guns. (Again, there's been no sign of this being threatened but I ask to be as prepared as possible.) At that point where you're served with one, I believe you have to sign them away to either a LE agency or a gun dealer. If they're already given to a father who lives 500 miles away, would this be enough? Is it advisable to have the guns registered by the father in order to avoid issues in such a circumstance?

Hopefully things won't continue to devolve between my wife and I, but I thought I'd ask you guys what your views are while I still have some breathing room.

-SB

TheBundo
02-16-2009, 3:28 PM
Sounds like a good idea to transfer them, while noting the value and never trying to hide anything as far as if it is community property

sanb909
02-16-2009, 3:33 PM
"while noting the value and never trying to hide anything as far as if it is community property."

I assume you said this so that she could be financially compensated for their value if things came to that, while protecting them from being taken from my father (and later, back to me).

Thanks for the reply and look to hear from others as well!

n2k
02-16-2009, 3:41 PM
From my experience.

Get a good lawyer, determine what was purchased before your marriage and what was purchased during the marriage. Define the total value and be ready to financially compensate her. Do not make it a point of contention if you want to keep your guns.

Decoligny
02-16-2009, 4:21 PM
Did you own the guns before you got married. It is a common misconception that "community property" means that everything is split 50/50. Not so. Community Property only applies to those properties that were acquired as a couple after you were married, or to funds that you hold in joint accounts.

If you bought the firearms after you were married, they are joint property.

If you bought them before, they are your property.

I am not a lawyer and any information given is not to be taken as legal advice.

ryno066
02-16-2009, 4:27 PM
Did you own the guns before you got married. It is a common misconception that "community property" means that everything is split 50/50. Not so. Community Property only applies to those properties that were acquired as a couple after you were married, or to funds that you hold in joint accounts.

If you bought the firearms after you were married, they are joint property.

If you bought them before, they are your property.




thats a big 10-4

w55
02-16-2009, 4:40 PM
Been thru this, get rid of them, divorce can make a ''nice" wife a terror, if she makes up some bs domestic violence charges you will want them else where dont wait around, move them.

sorensen440
02-16-2009, 4:42 PM
Sounds like a good idea to transfer them, while noting the value and never trying to hide anything as far as if it is community property
:iagree:

sanb909
02-16-2009, 4:45 PM
All guns, hers and mine, we purchased after we were married.

I don't mind compensating her for their purchase price, but I definitely don't want to give them to her. For one thing, she'd be taking them for spite, to have them sold off and deprive me of their ownership.

sorensen440
02-16-2009, 4:46 PM
All guns, hers and mine, we purchased after we were married.

I don't mind compensating her for their purchase price, but I definitely don't want to give them to her. For one thing, she'd be taking them for spite, to have them sold off and deprive me of their ownership.
current value not purchase price

MrEd
02-16-2009, 4:51 PM
First , I am sorry that you are going through a rough time . If you allready think she would take the guns out of spite then an amicable settlement looks out of the question . Going through a divorce right now I am eternaly thankfull that the ex and I remain civil to this day and have both agreed on an amicable split . In your case however I would transfer all that I not wish to loose to someone else I trust , then list the CURRENT value and be ready to compensate her for it .

ojisan
02-16-2009, 5:05 PM
Did you own the guns before you got married. It is a common misconception that "community property" means that everything is split 50/50. Not so. Community Property only applies to those properties that were acquired as a couple after you were married, or to funds that you hold in joint accounts.

If you bought the firearms after you were married, they are joint property.

If you bought them before, they are your property.

I am not a lawyer and any information given is not to be taken as legal advice.

Correct!

And:
Property (guns, cars, boats, jewelry, furniture, etc) that was given to either one of you while married is that person's individual property and not up for grabs.
(Your Dad gives you a old Marlin Model 60 .22lr. It's all yours).
(Her Dad gives her a $50,000 diamond necklace. It's all hers).

Property held in a Trust is the sole property of whoever is on the Trust.

I would sell off all the guns that are Com Pro (keep records and the proceeds for use later) (deprive her of the pleasure of taking the guns as the only "fair" way to determine the correct value is to convert them to cash and split the proceeds 50/50) (sell stuff she likes, too, like paintings ) and move the rest (any) to a safe legal storage place.

Don't fight over the little replaceable stuff. Give it to her.
Don't let her get your goat.
Get a lawyer.
Walk away clean and without lingering "headaches".
Good luck!

sanb909
02-16-2009, 8:19 PM
"move the rest (any) to a safe legal storage place."

Does anyone know if giving the long guns to a parent would suffice? I know that with a hand gun you need to fill out papers to indicate a transfer of ownership took place, but I believe that is not the case with a rifle.

What I'm hoping to do is do a paperless transfer of certain rifles to my dad, all of which would be accounted for in the divorce and the amount they're worth given to her if needed.

Of course dad would be giving them back to me at a later point, but she'd be paid off for them already.

Is this a plausible solution?

Mssr. Eleganté
02-16-2009, 8:41 PM
Does anyone know if giving the long guns to a parent would suffice? I know that with a hand gun you need to fill out papers to indicate a transfer of ownership took place, but I believe that is not the case with a rifle.

If you and your dad are both residents of California then you can transfer long guns that aren't "Assault Weapons" between each other with no paperwork at all. You can transfer handguns between each other, but have to send in the OpLaw/Intrafamily transfer form to CalDOJ. You can transfer as many handguns as you want for one fee of $19. The person receiving the handguns would need a valid Handgun Safety Certificate.