View Full Version : protecting your guns from divorce
Anybody have any ideas to keep from losing your guns in a divorce? What about a family trust? I think my brother is still the executor of the family trust my dad set up, can my guns be made the "property" of the trust to protect them?
I know I really need to talk to a lawyer, but thought I'd toss it out here for ideas/experiences.
jimmym40a2
05-18-2011, 10:08
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
CrufflerSteve
05-18-2011, 10:14
If you got them during the course of your marriage they would be community property. The question would be what you have and what your ex-wife-to-be thinks you have. If you're about to be locked out of your house they should be safely stored elsewhere while all this goes one.
Colorado is reasonable about property you had before the marriage so if you have paperwork showing you got them before that should be good.
I am not going to advise fraud in a public forum. For one thing, with community property you can negotiate. If she's not a shooter you could give up claims to items she likes in exchange. I hope it is civilized.
Watch out for divorce lawyers. They give bad lawyers a bad name. Their job is to turn it into a fight where they get everything in fees and you're left bankrupt.
Steve
hurley842002
05-18-2011, 10:22
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
Kind of harsh ASSuming the OP is the cause of the divorce. As someone who JUST got out of a long relationship, and JUST found out (yesterday) the reason she split with me, was another guy. I know all too well, some things just can't be avoided, regardless of how much you love and care for a person, and stay faithful.
Glad you have a perfect marriage Jimmy, I would never want to you experience the other side of things.
To the OP, I don't have any advice for the safekeeping of your firearms, but I wish you the best, if you are the one going through the divorce.
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
That's NOT the problem. Not all women are "normal", be glad you have a normal one instead of a psycho, and don't assume it's always the man's fault.
Anybody have any ideas to keep from losing your guns in a divorce? What about a family trust? I think my brother is still the executor of the family trust my dad set up, can my guns be made the "property" of the trust to protect them?
I know I really need to talk to a lawyer, but thought I'd toss it out here for ideas/experiences.
you could always sell them cheap to a buddy (or an outside party) and buy them back after its all done .i have a few friends that have done similar stuff concerning stuff and divorce . also have a few friends that basically gave there stuff away (sold really cheap ) so the other party would not get the satisfaction of forcing you to sell on there terms .
also if it is divorce in the future id steer clear of any open forum on the subject
good luck and i hope it all goes well for ya
hurley842002
05-18-2011, 10:32
Oh, and Ron, I see you are in Parker, if you need someone to have a beer with, let me know. Like I said in my other post, i'm going through similar crap right now myself.
henpecked
05-18-2011, 10:47
Remove them from the house until things cool off.
Tell her it would take a court order to get them back.
You dont have access to them and neither does she.
Do this before the divorce papers are served.
You too, Ron? I'm sorry to hear it.
My non legal advise would be to "sell" them to a safe place.
Good luck.
hurley842002
05-18-2011, 10:56
You too, Ron? I'm sorry to hear it.
Must be something in the water.
I went through a divorce a few years ago. My best advice would be to get them out of the house now. Once you are out of the house getting anything that was left behind takes an act of god. Once they are in your posession you can negotiate to keep them all as part of the settlement.
I used to be married to a psycho also, so I can relate.
Good luck.
henpecked
05-18-2011, 11:00
Get pictures with a newspaper showing todays date
as proof that there are guns. That way that it will be less likely they disappear.
If you are removed from the home on a restraining order it will be to late.
gcrookston
05-18-2011, 11:24
In my first divorce I removed the guns, but was compelled to provide a list with estimated value. When the order came down I was fortunate that her attorney and the judge required they be sold and the proceeds divided evenly.
A notarized bill of sale was provided along with a money order for fifty cents. However, the resulting noise from her attorney was silenced by the judge after my attorney successfully argued that I had fulfilled the requirements of the order as specifically written by her attorney and approved by the judge.
My second divorce was much easier. We'd already been separated for a year and the property divided.
SA Friday
05-18-2011, 11:29
after the fact, man, it's rough. best thing is to barter for something she is desperate for in return for equitable stuff, the firearms. The best way is at the beginning of the relationship, prenup.
Paradude54
05-18-2011, 11:39
That's NOT the problem. Not all women are "normal", be glad you have a normal one instead of a psycho, and don't assume it's always the man's fault.
When I got divorced from a psycho in Tennessee I learned a few things that may or may not apply to you.
1) Everything that you don't change immediately may be frozen until the divorce is final. What I mean is this. Once the papers are served you can't change your will, your life insurance, if you're on a joint policy for car insurance you can't cancel it even if you're the one that's paying for it. That also means that if you have marital property it can't be disposed of once papers are served. So I could have sold my guns for a low, but 1/2 way reasonable price to protect them, but fortunately she didn't think about those as marital property. Oddly enough she claimed my rear differential on my off road play toy, a built Dana 44, as marital property.
2) She had assaulted me, tore my shirt, left some nail scrappings on my neck, but I didn't press charges, though I did call the police at the time. This worked out well for me since she wanted to claim misdemeanor domestic spouse abuse, and you know what that does to your ability to own a gun. She learned about that little trick from her attorney. I agreed not to file charges, which mine were documented, if she dropped her claim with her attorney before it went any further. See, I told you that she was a pyscho! And to answer the question before it's asked, there was no infidelity on either of our parts, at least not that I know about.
There was something else that I was going to say and it slipped my mind. Sorry to hear about the divorce, but sometimes they are a necessary evil.
Must be something in the water.
Yeah, it's called "vodka". She loves that shit.
alan0269
05-18-2011, 12:11
Must be something in the water.
Off the top of my head, I can think of at least four guys going through breakups from this site right now. I really hope that it works out better over the long haul for all of you.
Byte Stryke
05-18-2011, 12:15
Yeah, it's called.....
be careful Brother...
in a divorce, count on someone watching everything you do and write.
CMP_5.56
05-18-2011, 12:56
be careful Brother...
in a divorce, count on someone watching everything you do and write.
I agree completely, My ex fiance's ex husband had everything about me printed out when he tried (very unsuccessfully) to get a restraining order on me so I couldn't be around his children. I was surprised at all the pictures, writing and info he found online about me.
Be wary of what you put out there for all to see.
Firearms.. What firearms??
hurley842002
05-18-2011, 15:44
Best advice ever!
Once again, another ASSumption, that the OP was the reason for the divorce.
henpecked
05-18-2011, 15:46
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
I was asked once "How long you been divorced?" I said Im not divorce.
Im happily married.............2 weeks later.....................
Firearms.. What firearms??
My thinking right there. Stupid boating accidents...get em every time.
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
Yeah, okay Flanders. http://www.greaserlee.com/smilies/ugh.gif
Ron, sorry to hear about your troubles. One thing I've learned in the past is you can always count on get f***ed the hardest by a relative so be very careful if you choose to leave them with somebody.
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
Both marriage and divorce are like a gunfight. You could do everything right and still lose.
sneakerd
05-18-2011, 17:23
Get anything that you don't think she is specifically aware of out of the house. Huh? What? Don't know what you are talking about.
SideShow Bob
05-18-2011, 17:34
From a person that has been through this 2X, get your firearms out of the house, even if the both of you are still in it.
All it will take is the two of you to have a fight (verbal) and for her to call the police on you and for her to tell the police that you have "a gun", as my ex#2 did to me, it is one of the questions that are asked when 911 is called. They did not ask if I was threatening her with a gun, they just asked her if I had a gun. And with a bunch of them locked in a safe, the dumb beeotch answered the 911 operator yes he has guns.
And of course I am sure you can figure out what happened next and where I was for the next 3 days.
And when I finally got home she had cleaned me out including the bank accounts and must have had some friends try to open the safe (unsuccessfully), because there were major pry marks around the door and the combo dial was knocked off.
sneakerd
05-18-2011, 17:36
Sideshow Bob has an excellent point. Get all of the guns, all of the ammo and the recreational knives out- sort it out later. If you're worried about whether "it" will still be there when you get home- take it first.
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
Really? Dont even go there..
Really? Dont even go there..
x2
Nice fairy tale though.
scratchy
05-18-2011, 19:35
Get your tools while you're getting your guns. Both have a habit of disappearing. Remember that she probably has a jewelry stash that is also community property. You leave the rocks alone if she leaves the guns and tools out. The more you do before papers get filed, the better off you'll be.
Well, ain't nothing going to happen anytime soon anyway. Just some proactive thinking on my part.
sneakerd
05-19-2011, 09:09
Even better. Do it slowly- she won't even know it. Start now.
flan7211
05-19-2011, 09:35
Sell them to your brother immediately. Get the receipt, hand her a check for %50 of the proceeds. This will get a judge off your ass. Secondly, always pay a lawyer over other blood suckers.
theGinsue
05-19-2011, 12:30
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
My, isn't that a naive perspective.
I've personally known many men who were the absolute best husbands a woman could ever want - and their wives still cheated on/left them. I believe that's the case for at least a couple of our members here as well.
It takes 2 to make a successful marriage and you can't control your partner nor predict their actions - no matter how fantastic you are.
as far as protecting your firearmsa or any other assets, a lot of that depends on whether or not any divorce/separation actions have already taken place. If they have not, and you're still living together as if it's just another day, there is always the option of "gifting" the assets to a family member (praying the family member would gift them back once the divorce is settled). The common property state issue doesn't apply at that point unless she can later show that you weren't providing for her during the marriage. BUT... once ANY separation/divorce action begins, all bets are off.
Tweety Bird
05-19-2011, 17:58
That's NOT the problem. Not all women are "normal", be glad you have a normal one instead of a psycho, and don't assume it's always the man's fault.
Man, I'll second THAT!
There are other reasons besides infidelity that cause couples to split. (I got the house AND the kids.)
Of course, in my case, I doubt she could have legally owned the guns anyway. Worst that could have happened would have been a forced sale, but that didn't happen because at the time, the only guns I had were old family hand-me-downs.
An attorney ($$) is the best person to ask for advice on whether they can be placed in a trust or not. But like the old saw says, "You know why divorce attornies are so expensive? Because they're worth it."
Get them out and make her prove what you had. :-) Yes Your honor, I have a couple guns, but that is all :-)
sneakerd
05-19-2011, 21:24
Huh? Hmmmm- let me think. I just don't remember, all of this stress has damaged my short term memory. Give me a few minutes... I'll go take some medicine.
Little story just so you can be prepared. Wife and I had seperated filed for divorce. She comes to my work one day to drop off our son. She starts in with what time I have to have him to her dads house bla bla...no court order of any kind on child custody at this point so she has no right. Anyways she starts flipping out being emotional. Screaming yelling you get the picture. I repeatedly asked her to just get out of my truck so I could leave. She's not going any where and wanting to continue to fight. I was going to drive off with her in my truck but she held my door where it would have hit another vehicle. I'm still in a normal state of mind here folks. Ok she's stopping me from being able to leave. I pull out the cell phone and say if you don't get out I'm going to call the cops. She still won't get out and it didn't seem to calm her down. My son is in the back seat. I can't take this anymore. It's been 10-15 minutes of this crap. Hit send on the phone. She's yelling and screaming at me while I'm talking to dispatch. After another five minutes I see a cop car come around the corner. Flash my lights a couple time and I exit the truck. Talk with the cop and explain the situation. He asks well where is she now. Hello she's still sitting in the truck. He starts laughing and says I'll be back in a minute. Minute goes by and when he comes back it's sorry buddy but your going to have to turn around. Yay I'm going to jail for DV. Being arrested for the second time in my life. First time was when I was 19 for a DUI. Hey at least the cop said he was sorry all the way to jail. Sure made me feel better not.
Gets even funner. Next morning when I get bused over to see the judge and a young and very pregnant DA reads off charges of DV, child abuse and a restraining order because I own a large cache of weapons. WTF how did weapons come up. Oh wife said that I was a danger actually a mad man and she and her father were afraid for their lives. Court went along with everything the DA wanted. I have a DUI on my record and that's it. Had to remove all firearms from my home. I ended up putting them into a storage unite. Was paranoid that was going to get ripped off. When I finally made bail I was required to wear a GPS ankle bracelet where when it beeped I had to call in. If I remember right this cost me 125 a week. All because I'm a lawful gun owner. Never made a threat of any kind. She never even said as much. Just that she "FELT" threatened. When I was being outfitted with my new accessory I was asked what I had done. When I said it was a DV they asked if I had stabbed or shot my wife. Apparently the people who get outfitted with the device I had were violent felony offenders. You want me to keep going?.......
I did have one piece of luck. The customer that I had and got arrested in front of his house was a Denver public attorney. He couldn't represent me but gave me a number to a friend of his that was also an attorney. This lady I still owe pretty much my life as I know it to. Once she had the police report she was pissed. First appearance in court she asked for everything to be dropped. DA wouldn't and gave a plea deal offer. I don't remember what the deal was with being bonded out. I remember the judge talking about years as a max sentence which scared the shit out of me. Fuck all I wanted was for her to get out of the truck and called for help. My lawyer said I still would never be allowed to own a firearm again if I took the plea deal and that she would continue to fight for me even if it mean going to trial. This lady did this all for free folks. I was scared and may have taken the plea if it weren't for her. Shit I was being rail roaded into a hole fast it and I felt 100% helpless. Ok after a couple months of wearing my thug bracelet it was the last court appearance before it would have gone to trial. She actually went over the police report with the new DA. I'm standing back watching the conversation but can't hear what's going on. At one point the DA is having to hold onto the table he is laughing so hard. She comes back and tells me the good news that it is going to be dismissed. Apparently this was the first time the DA who had been around for a while actually had read the police report himself. Might as well seeing how this might go to trial huh. All this shit I went through and people were acting like I should have been happy about the outcome. If someone would have just done their job in the first place. One thing was someone claims it was misread by the first DA that I had punched wife in the arm. It actually read that I PUSHED on her arm when the truck door was open. WHAT cause you can't read at a sixth grade level or the cop has shitty penmanship. It was all dismissed, but it had to take 10 years off my life with stress. I still have a record of being arrested for a DV. I can have it sealed from my record for 1,500.00. Haven't tried to purchase a gun since either. Really don't know if I'd pass background check...I should but I've heard people failing for less.
I'd suggest packing your shit up in the middle of the night and just disappear if you feel like it's coming to and end anyways. But hey hind sight is 20/20 right.
Oh and I don't call for help anymore. First and last time for everything.
Damn CapLock; "little story" aye. [Tooth]
I I still have a record of being arrested for a DV. I can have it sealed from my record for 1,500.00. Haven't tried to purchase a gun since either. Really don't know if I'd pass background check...I should but I've heard people failing for less.
Similar stuff happened to me. Get it sealed, if you shop around any lawyer can do it, worth it. Since you were not convicted you can still buy guns get CCW etc. [Beer]
I also found out the hard way that the man always loses if LEOs get involved in a Domestic case. Cost me a fortune but getting rid of the ex was the best thing I ever did! [UZI]
bobbyfairbanks
05-20-2011, 07:51
Hate to hear of anyone getting a divorce. Good luck too you and I hope everything works out for the best.
Byte Stryke
05-20-2011, 12:22
Damn Caplock... Being the vindictive bastard I am I'd have found a way to get her back.
Court case or "other means"
she'd have gotten hers.
Although, Karma is a mean Bitch. Ask some of my Ex's.... [LOL]
Yeah, it's called "vodka". She loves that shit.
Yours to. Mine got social services into our lives because of that shit.
Chad4000
05-21-2011, 14:57
The best protection is don't cheat on your wife. love her and treat her right and you can have all the guns you want with out of fear of losing them. "Happy wife-happy life" I have been married 26 years and have never worried about it.
Didn't read the whole thread, it's probably been beaten to death already, but thanks for the "prick post"..... Real useful
SideShow Bob
05-21-2011, 15:03
, but thanks for the "prick post"..... Real useful
[ROFL3][ROFL3][ROFL3]
Now that is about the answer that I have heard in awhile !!!
Didn't read the whole thread...
Hey look! The newb is getting all cocky. [Wow2][ROFL1][Roll1]
:D
Chad4000
05-21-2011, 18:01
Hey look! The newb is getting all cocky. [Wow2][ROFL1][Roll1]
:D
[Beer]
Lol, just didnt have time to read the whole thing... I'm just assuming you guys lit him up like he should have been.... Maybe I'll read it later..
Btw, is it bad I'm reading the forum at a wedding?[ROFL3]
ChadAmberg
05-21-2011, 20:23
[Beer]
Lol, just didnt have time to read the whole thing... I'm just assuming you guys lit him up like he should have been.... Maybe I'll read it later..
Btw, is it bad I'm reading the forum at a wedding?[ROFL3]
It's probably only an issue if it's your wedding. Then again, I guess it depends on the mrs's, and if you're supposed to be repeating words the preacher is saying... "I promise to... Wow! There's a Sig for sale local!"
ldmaster
05-21-2011, 22:26
I mean, if I tried to leave with my whole gun collection, I'd need a trailer, got a lot invested...
But consider thus:
A written contract acknowledging, on the date you get the gun, that your wife exempts it from "community property" - you do the same for her when she buys one of those 500 dollar handbags.
Have your WIFE buy each of your guns, and give them to you as a gift - with an accompanying note about it BEING a gift. Gifts are not community property when given to a spouse.
Don't store your guns at home. Don't let your wife know what you own.
Even if you think you "know" a woman for 25 years, during a divorce ALL BETS ARE OFF. She'll be scrambling for advantage, and you will go from the love of her life, to someone she gets a restraining order against - JUST BECAUSE SOMEONE SUGGESTS SHE DO IT. I guess it goes along with my belief and ANYBODY is capable of ANYTHING.
Be careful about selling something to a "friend" at less than market, the courts will frown upon that - if you're going to do a "friendly sale" make sure it's for fair market value, and whatever money you CLAIM changes hands gets used in a lawful manner, like going to Blackhawk.
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