Getting divorced, need some transfers done.

[Eggysrun]

My wife and I are getting divorced and while she is playing nice infront of me about splitting our assets, I found out she was planning on selling all my guns while I'll be out of town for thanksgiving and I suspect she's gonna go after them even if I stored them somewhere else now that I am foiling her scheme. Is there anyone with an FFL willing to hold on to them for me, I'd cover all the transfer fees and a little extra for your troubles. This would have been easier prior to the laws passed earlier this year, but at least with transfer paperwork done she can't really go after them. If anyone can help in the NOCO area I would appreciate it! Shoot me a PM

[beast556]

Be carefull if it gets nasty the judge will want to know how much you sold them for so she can get her half. You are going on a boating trip for T-day right.

[anaphylaxis]

"Sell" them to someone... Who will sell them back for cheap when everything is said and done...

[Sharpienads]

Shitty. Good luck. Hope it works out (the transfers, I mean)

[KLR650]

sell them all to someone you trust for $1 each.

[SideShow Bob]

Be carefull if it gets nasty the judge will want to know how much you sold them for so she can get her half.

This is a fact. I know from experience. Get receipts, I know nobody wants to do Bill of sales, but since an BGC is required do a bill of sale.
Do them for a nominal cash amount, $10 - $20, plus a statement of release of debts owed. Or for 1/3 or less of the guns value.
And if asked why you sold them for so low of an amount, you can tell them that either you wanted to clear up outstandinging debts before the divorce, Remember 1/2 of your debts are also hers too,or that you needed quick cash to establish a new residence.

You may want to cancel your T-day plans until your arms are secure.

[Madeinhb]

We the guns purchased before you were married?

[COcz]

Not sure if this is really a great idea, but you could pawn(loan) them for some really cheap price. I have done some tranfers at friendly pawn, and they seemed nice enough. Maybe send them off to get "gunsmithing" work done on all of them. Cleaning and look over, that kind of thing for an indefinite period of time.

New thought: you could "rent" someone else's safe. Not sure how that could work, maybe a safe that requires keys?

[brutal]

What guns?

[Tinelement]

Sorry to hear that man! Good luck

[Dave]

Would it be possible to put them on consignment to a friendly FFL who just happens to forget to put them on display?

[Great-Kazoo]

I say delete the thread, do what you need to and move forward.
What's that saying?
DADT

[def90]

Would it be possible to put them on consignment to a friendly FFL who just happens to forget to put them on display?


+1.. get's them out of the house and out of her possible possession..

Then again.. under the new laws if you did not gift them to her she would be in illegal possession right? The new laws do not allow for communal ownership of firearms, they are either yours or hers.

sent from a soup can and some string..

[sniper7]

what guns? you traded those away long long ago.

[DSB OUTDOORS]

sell them all to someone you trust for $1 each.
This ^^^ A friend of mine was in the same situation. He sold his 10 or so guns to a friend for $1 a piece. Before the new Colo law, of course. Got a receipt for them. She couldn't do sh*t.

[sniper7]

+1.. get's them out of the house and out of her possible possession..

Then again.. under the new laws if you did not gift them to her she would be in illegal possession right? The new laws do not allow for communal ownership of firearms, they are either yours or hers.

sent from a soup can and some string..

there you go...tell her if she even thinks about taking them the police will be called as they are reported stolen and she is trying to take possession of a firearm without the proper background check and transfer fee.

[Clint45]

there you go...tell her if she even thinks about taking them the police will be called as they are reported stolen and she is trying to take possession of a firearm without the proper background check and transfer fee.

That would probably make her the very first person to be prosecuted under the new law, as that's a fairly solid case, especially if she sells that stolen property without going through an FFL. Sorry to hear about your troubles.

[Jeffrey Lebowski]

Shitty. Good luck. Hope it works out (the transfers, I mean)


x2. :( Sorry to hear about this.

[RonMexico]

I'll meet you at the gun store and we can draft up a bill of sale and ffl transfer.... I will well them back to you minus one firearm for a "hold" fee. I am off till Friday [Coffee]

[osok-308]

What if you gift them to a family member who can gift them back to you after the whole situation is over?

[spyder]

If the guns were bought before you were married, she has no claim to them. Those bought after the marriage are 50/50. If no one has actually filed yet, sell them to a friend now, and she doesn't get a damn thing. The half and half thing goes into play after he filing of the papers. Also, take care of your bank account if she hasn't filed as she can drain it and you can't do a thing about it. If papers have been filed, well, sell cheap....

[Eggysrun]

What bothers me is we filled jointly for divorce and next week were gonna drop off the form to waive the mediation too because we had already planned out who gets what and then I find out she's been scheming....

[anaphylaxis]

What bothers me is we filled jointly for divorce and next week were gonna drop off the form to waive the mediation too because we had already planned out who gets what and then I find out she's been scheming....

Sorry to hear about this BS. Even if there's little of consequence to decide, never hurts to get an attorney involved to review things...

[KevDen2005]

I say give them to someone and transfer the FFL now. You can give property away. Nothing wrong with that. It would be no different than giving anything else away while you're married. Good luck.

[Dave]

Only problem with giving away stuff is if she finds out a few months later you have it all back. Then, she could probably prove in court criminal mischief and concealing assets. If they were put on consignment with a FFL or sold legally to a private party you would only have to split the proceeds if any. Then, a few months later he saves up some dough and buys them back or if on consignment they failed to sell, for what ever reasons.

[Colorado_Outback]

I say delete the thread, do what you need to and move forward.
What's that saying?
DADT

THIS.

Its really awkward when your being questioned in a civil proceding and a thread you posted here gets brought up. Ask me how I know..

[RblDiver]

To be a wet blanket, I'm not sure that'll fly. Total non-lawyer thing here, but I want to say I remember a similar case from my business law class a year ago. Guy "sold" some very valuable paintings to a friend for $1, judge made him (seller that is, not the friend) give fair value. Again, non-lawyer vague-memory statement, but something to think about.

[sniper7]

THIS.

Its really awkward when your being questioned in a civil proceding and a thread you posted here gets brought up. Ask me how I know..

How do you know?

[UrbanWolf]

Per the new laws, she has to get a background check and transfer the guns to her, before selling them.

I say sell to a friend or trusted member here for very low price, like $20, then give her the 50/50 share if she wants it.

[buffalobo]

Attorneys and judges see this type thing all the time in divorces. Be careful, if attorney thinks you are "trying to pull fast one" they will raise hell about it to judge. If judge thinks it, he can make your life suck.

[Irving]

I would try and do nothing and use the new laws to your advantage.

I am in no way suggesting that is sound legal advise though.

[Madeinhb]

I would try and do nothing and use the new laws to your advantage.

I am in no way suggesting that is sound legal advise though.

+1 for this. If they are your guns, she can't sell them at least under these new laws. And if she sells without a BGC even more trouble.

[davsel]

Since you have already filed, do not sell off anything.
Filing for divorce in Colorado automatically places a temporary injunction on you both, prohibiting you from selling off property, canceling insurance, etc.
The judge will not look favorably on either of you violating this injunction.

From: http://www.courts.state.co.us/Forms/renderForm1.cfm?Form=371


Notice: Colorado Revised Statutes §14-10-107, provides that upon the filing of a Petition for Dissolution of
Marriage or Legal Separation by the Petitioner and Co-Petitioner, or upon personal service of the Petition and
Summons on the Respondent, or upon waiver and acceptance of service by the Respondent, an automatic
temporary injunction shall be in effect against both parties until the Final Decree is entered, or the Petition is
dismissed, or until further Order of the Court. Either party may apply to the Court for further temporary orders, an
expanded automatic temporary injunction, or modification or revocation under §14-10-108, C.R.S. or any other
appropriate statute.

1. Both parties are restrained from transferring, encumbering, concealing, or in any way disposing of,
without the consent of the other party, or an Order of the Court, any marital property, except in the
usual course of business or for the necessities of life. Each party is required to notify the other party
of any proposed extraordinary expenditures and to account for all extraordinary expenditures made
after the injunction is in effect; and

2. Both parties are enjoined from molesting or disturbing the peace of the other party or the minor
child(ren); and

3. Both parties are restrained from removing the minor child(ren) of the parties, if any, from the state
without the consent of the other party or an Order of the Court; and

4. Both parties are restrained, without at least 14 days advance notification and the written consent of
the other party or an Order of the Court, from canceling, modifying, terminating, or allowing to lapse
for nonpayment of premiums, any policy of health insurance, homeowner’s or renter’s insurance, or
automobile insurance that provides coverage to either of the parties or the minor child(ren) or any
policy of life insurance that names either of the parties or the minor child(ren) as a beneficiary.


Nothing in this automatic injunction shall prohibit either party from applying to the Court for
further orders, an expanded automatic temporary injunction, or orders modifying or revoking
this injunction.

Petitioner and Co-Petitioner, if any, acknowledge that he or she has received a copy of, has
read, and understands the terms of the automatic temporary injunction set forth in this Petition
and the Summons.




Good luck to you.

[Shootersfab]

Shit man what a crappy situation. Hope it all works out in your favor!

[davsel]

If you owned the guns prior to your marriage, they are not marital property, and you get to keep them anyway.
If not, does she know how many and what models you own? Many "wives" do not pay close attention to the make and model, just black, silver, handgun, long-gun.
If she knows you have a black handgun, and a black long-gun, you may want to swap out a Hi-Point and a Keltec for what you actually own. She gets half the value.

The judge in my case was retired military and did not allow her to take my guns, or force the sale of them. Of course, I got stuck with one of her credit cards to offset her "share" of my guns.

Again, good luck to you.

[akumadiavolo]

Per the new laws, she has to get a background check and transfer the guns to her, before selling them.


That is not true. If the gun was purchased after the marriage then both parties are legal owners of it and either of them can sell it assuming she is not a prohibited person. That is part of Colorado's martial property law, and guns are not exempted.

[lead_magnet]

Dude, how can you even think about selling those guns?!? You sold those to me a long time ago remember? Just because I haven't come to pic them up yet doesn't mean you can sell them to someone else.. those are my rightful property.

[buckeye4rnr]

Why not just lock them up in a safe she can't access. Don't have to bother with a bgc and a safe is never a terrible thing to have? You can probably rent a gun locker at a range so they're even out of the house.

[R&S]

Divorce, bad for the man. I was ordered to pay out $2.00 more a month than I made. When my lawyer tried to point it out to the judge, the judge banged the gavel and that was it. I was lucky to get an out-of-court modification.