Are Guns considered communal property in a marriage?

[GregLaROCHE]

Are guns considered communal property when you are married? When I got divorced in Alaska, the guns I owned previously were considered mine, but ones bought during the marriage, were considered 50% hers even though she almost never shot one and of course they were all registered in my name. It’s not like she was an avid shooter like some guys are lucky enough to be married to. Is the law the same in all states? Should young guys consider having a prenuptial agreement regarding the guns they buy during a marriage?

[Iron369]

Are guns considered communal property when you are married? When I got divorced in Alaska, the guns I owned previously were considered mine, but ones bought during the marriage, were considered 50% hers even though she almost never shot one and of course they were all registered in my name. It’s not like she was an avid shooter like some guys are lucky enough to be married to. Is the law the same in all states? Should young guys consider having a prenuptial agreement regarding the guns they buy during a marriage?

You have to register your guns in Alaska?


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[Gator 45/70]

They are community property here or at least all the ones purchased during the union...right on down to the pots and pans.
My ex completely forgot to list the money of mine she loaned out to her mom and brothers?
Selective memory is real men !!!

[john.k]

Registered or not,in a divorce ,there is a rquirement for a statement of property and assets,....state law decides how its all divvied up.

[MrWolf]

My understanding is if an asset can be identified as premarital and has not been co-mingled (funds) then they are yours. I had a settlement for an injury and made the mistake of putting it in our joint account. She got half of the money for my pain and suffering. Speak to an attorney in your state.

[GregLaROCHE]

You have to register your guns in Alaska?


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I guess I said it wrong. Whatever the procedure is called when you buy a gun.

[GregLaROCHE]

My understanding is if an asset can be identified as premarital and has not been co-mingled (funds) then they are yours. I had a settlement for an injury and made the mistake of putting it in our joint account. She got half of the money for my pain and suffering. Speak to an attorney in your state.

I’m sure she didn’t suffer half of your pain.

[Iron369]

I guess I said it wrong. Whatever the procedure is called when you buy a gun.

Here in KY it’s just filling out the 4473 background check. I know some states have an actual registration and I didn’t think Alaska would be one of them, but sometimes I’m surprised by what is and isn’t “permitted”.

[GregLaROCHE]

As far as I’m concerned, this is all ancient history, twenty years ago. I brought it up because others should be aware of the way the law works. In a marriage there are often negotiations between spouses, regarding how money is spent. If one wants a new gun and a purebred dog is wanted by the other, it seems equal. However, after fifteen or twenty years, the dog is gone, but the gun is in good working order and has probably gained value. The dog buried in the back yard hasn’t. One alway thinks love and marriage will last forever, but be careful when it comes to your guns.

[sharps4590]

It will depend on the state. Missouri is a "community property" state so unless there is a pre-nup, yes, all property is divided equally.....theoretically. There's always negotiation.

[marlin39a]

Best advice? Never get married.

[ioon44]

What is hers is hers and what is mine is hers, according to my wife.

[Jeff Michel]

Anything acquired during the marriage is considered mutually owned. You can and many do make exceptions during the divorce proceedings that are unique to an individual. Retirement pension is an example. But that is dependent on whether the the parties can agree on the division of property. This will probably vary from state to state. During my trip into the arena, my spouse demanded everything to the extent, she even listed in the divorce, a claw hammer as something she should be awarded. She got it too. I have since replaced the hammer and the wife, both significant upgrades:mrgreen:

[JRLesan]

I don't think Missouri is a community property state, unless things changed VERY recently...

[dannyd]

Now there’s one thing I will never understand you get divorced and go through all that pain, but get married again. I have been married 43 years and could never imagine getting married again if I got divorced.

[GregLaROCHE]

I’ve been married three times. I think finally got a keeper.

[bedbugbilly]

Let me ask a question . . . if during your marriage, your wife bought say, 10K dollars worth of jewelry - would you feel you were entitled to half of it? Depends on which side of the pancake you're looking at.

You thought you were mature enough to get married - and yes, marriages fail for a lot of reasons - but divorce laws were enacted to treat both parties equally.

Maybe I'm old and old school . . . but if I had a daughter that was getting married and she told me her guy wanted her to sign a prenup over guns . . . . I would hope that she had a portion of the common sense I had tried to instill in her to run in the opposite direction as fast as she could.

Divorces happen all the time and community property such as guns, jewelry, etc. are ordered to be sold in the settlement . . . . or the property is ordered to be divided equally. It's called "Life". You may not like it buy things are done that way to
insure both parties are treated equally and quit frankly, before those laws were passed, most wives, and many with the children, were left with nothing.

So life comes with a price - yea, your guns may need to be divided or sold - that's part of the price you pay to get out of a bad situation. It's up yo you whether you learn any good lessons out of the experience or not - if you later on think about getting married again - then you will have to decide which you love more . . . your guns and other "material things" . . . or the person you want to marry. I know a lot of folks who would advise someone who can't make that decision . . . . that the person should live alone and get a dog.

[Rcmaveric]

Here in Florida its communal.

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[Half Dog]

Would she still be entitled to half of the guns even if she cannot legally own one?

[Pressman]

I’ve been married three times. I think finally got a keeper.

Three is not bad today, I am on number 6 and she refuses to live with me, live in Minnesota or communicate with me.

I am getting better at laundry, cooking, and housekeeping in general.

[JonB_in_Glencoe]

If she has acquired expensive jewelry since the wedding, but you have never worn it, is it half yours in a divorce?

[JimB..]

Would she still be entitled to half of the guns even if she cannot legally own one?

It’s not about the guns, or the pans, or the jewelry, it’s about negotiation of the value of those things. If you have $20k in guns and $20k in jewelry in the marital estate it might be easy, or one/both of you may be a stubborn cuss intent on giving as much as possible to the lawyers. Each one is different.

[Scrounge]

What is hers is hers and what is mine is hers, according to my wife.

I always said "What's thine is mine, and what's mine is me own." Unfortunately, the law doesn't usually agree with that. I have heard California's Divorce laws described as being akin to slavery if you're the guy. She gets what she wants. I know it worked that way for my BIL, and they didn't have kids. Nevada did not do things that way when I was a resident there, and got a divorce. They went for a 50/50 split, negotiated. If you can negotiate the split, the "Uncontested Divorce" is cheaper. They don't, however, do percentages. You have to specify a dollar value for property. She got the .38S&W Iver Johnson Breaktop revolver that had been my first "I bought it myself" handgun. We're in Oklahoma now, for the past 25 years, been married to the new-and-improved wife for nearly 39 years. If we get a divorce, I'm pretty sure I owe her half of everything. Which, these days, ain't very much. Cheaper for both of us if we stay together. I'm OK with that.

[lksmith]

Are guns considered communal property when you are married? When I got divorced in Alaska, the guns I owned previously were considered mine, but ones bought during the marriage, were considered 50% hers even though she almost never shot one and of course they were all registered in my name. It’s not like she was an avid shooter like some guys are lucky enough to be married to. Is the law the same in all states? Should young guys consider having a prenuptial agreement regarding the guns they buy during a marriage?

Not if they were "lost in a boating accident" ;)

[Three44s]

Not if they were "lost in a boating accident" ;)

....... then those guns are like the “dog buried out back”!

Three44s

[rondog]

Best advice? Never get married.

Right on, right on, right on!

[MrWolf]

Now there’s one thing I will never understand you get divorced and go through all that pain, but get married again. I have been married 43 years and could never imagine getting married again if I got divorced.

Agreed. Learned the first time after 30 years together. My gf and I live together. No need to get married again. Both of us are divorced.

[rondog]

I’ve been married three times. I think finally got a keeper.

Oh no, no no no - once is ENOUGH for me!

[Ural Driver]

As has been said, it depends on your States laws. Guns and such are no different than TV sets and pots and pans.......they ain't nothing but property in the eyes of the law.

[KCSO]

A wife here took 1/2 the value of her ex's gun collection and even filed a protection order to see the guns taken and held till the hearing effectively keeping him from his yearly deer hunt. In addition she got one half of his collection of gun books and took them to the thrift shop and sold them for next to nothing with the specification and he could not buy them back and the shop owner would tell him how much they the selling price was. A mint first edition of Sixguns for $2 ect.

[scattershot]

Yep. But if you have to consider a prenup, you might want to rethink the whole marriage thing.

[rbuck351]

Alaska is a equal split state for things acquired during the marriage. Things bought before the marriage belong to the one bringing them into the marriage. However the judge has the final say on some things.

[gwpercle]

Best advice? Never get married.

Second Best Advice ... Never Get Divorced .

Think about it !

[gwpercle]

What is hers is hers and what is mine is hers, according to my wife.

LIKE ! LIKE ! LIKE !
Gary

[Char-Gar]

Texas Law: All property acquired after marriage, other than by gift, devise or descent, is Community Property.

[.429&H110]

I have a similar question that cannot be answered on the internet...

Should firearms be held in an irrevocable trust?

SWMBO and I are elderly.
When the "Gunshow Loophole" closes, and it likely will,
how will a person inherit a firearm?
Again, it will be state law, but...

If I am incompetent because of Alzheimer's, dementia, or a bad cough,
and somebody "Red Flags" me, who gets the guns?

If I leave a firearm to someone in my will,
that will is a public document.
Someday this may well require a 4473.

An irrevocable trust is forever, the firearms belong to the trustee(s)
to do as they please, buy or sell. I would have to trust the trustee(s).

It may be that this house should belong to a trust.
Has anyone taken this path? This might foul up a divorce nicely.
It's certainly all lawyer stuff...

Thanks for thinking about it.

[444ttd]

i had to sell quite a few guns in my divorce, besides, i had to pay my lawyer and it was her divorce!!!!!! i'd say here in PA, its a 75/25 and you know who is 25? a guy.

your best bet is to buy a woman for a hour or two. they don't complain, they tell you what you want to hear and they make a sammich before they leave.

the only good thing that came from my marriage is two sons that i just love.

third best advice, which i follow, is never, never, never get married.

[MT Gianni]

Would she still be entitled to half of the guns even if she cannot legally own one?

No but she would be entitled to half their value. You could have half the value of her jewels and shoes.

[Char-Gar]

On this board, such threads will in time, turn to woman bashing and it doesn't take long for me to get enough of it. There have been many women in my life, starting with my mother and grandmother. Then there were the aunts and family friends. Teachers both public school and Sunday School. All of these women cared for me, raised me and transmitted great values to my life. If you woman bashers would just think for a bit about the positive influence women had on your life, maybe you would accord them the respect they are due.

I have known my wife since 1950. We were great friends all though our lives. I love her, enjoy her company and would marry her again in a heart beat. Women are somewhat different than men in some ways, but they are in no way less than men. I have done many hours of marriage counseling (as the counselor) and you should hear the horror stories some can tell about their experience with men. Good marriages require work and folks willing to admit they they need to work on themselves. Finger pointing and blaming is what keeps Divorce Lawyers in business. It is a smarmy line of work, but it pays well.

[farmbif]

I wish my exes the best and lived and learned though all the ups and downs, believe it or not no matter what they take if you keep your eyes straight ahead and shoulder to the wheel you can always make more money to replace stuff. no matter what they or you get its either not enough or too much, if you got your health your one step up on life. I don't think there are too many that get married who are not in love, but when that love sours it sure aint no fun

[Char-Gar]

I wish my exes the best and lived and learned though all the ups and downs, believe it or not no matter what they take if you keep your eyes straight ahead and shoulder to the wheel you can always make more money to replace stuff. no matter what they or you get its either not enough or too much, if you got your health your one step up on life. I don't think there are too many that get married who are not in love, but when that love sours it sure aint no fun

Here is an absolute truth. The vast majority of folks fall in love and get married. Then one day, they wake up, look at the person in the bed with them and think "that is the dumbest thing I have ever done". Love, whatever it is, is an emotion and no emotion will withstand the rigors of real life very long.

[nueces5]

Anecdote. In Argentina it is a common good.
We were with a friend in the Range yesterday. A friend of his, a lawyer, is representing a woman in a divorce. And he asked us to appraise 48 weapons of the man who is separating. We did it as if the weapons were ours !! We put a very low price on them !!

[abunaitoo]

It depends on the state and the lawyer.

[Char-Gar]

Anecdote. In Argentina it is a common good.
We were with a friend in the Range yesterday. A friend of his, a lawyer, is representing a woman in a divorce. And he asked us to appraise 48 weapons of the man who is separating. We did it as if the weapons were ours !! We put a very low price on them !!

That is all fun and games until it is not. Her lawyer is likely to get his own appraisal and then the brown noxious substances will hit the ventilator. The judge will likely not think well of the hanky-panky and take it out on the husband. Concealing or undervaluing marital assets works, until you are caught and then you may well lose the entire assets as punishment. A good lawyer will always play it straight up, as his/license is on the line.

[nueces5]

That is all fun and games until it is not. Her lawyer is likely to get his own appraisal and then the brown noxious substances will hit the ventilator. The judge will likely not think well of the hanky-panky and take it out on the husband. Concealing or undervaluing marital assets works, until you are caught and then you may well lose the entire assets as punishment. A good lawyer will always play it straight up, as his/license is on the line.

Hi Char-Gar
we put the lowest price in the square
We don't scam anyone.

[john.k]

A hillbilly I knew years ago sold a big acreage of industrial land for many millions in the 1960s.....big money then.....He got a lawyer to construct a trust for his five neer- do- well sons ,so that no woman, not a descendant, could ever benefit from the trust.....the sons have had multiple wives ,none have ever got a penny from the trust.....although they have tried hard enough.

[Kraschenbirn]

'Community Property' here if acquired during the marriage. Several years ago, a shooting buddy, with a substantial collection, was offering some really good prices...cash only, no checks, no receipts...on some of his guns to get them out of reach before his wife's attorney cornered him to serve a court order for access to his his secure storage.

Bill

[Rcmaveric]

Not if they were "lost in a boating accident" ;)Had a friend pull something simmilar but he sold them i think. Judge was pissed and made my friend monetarily reimburse his wife for half the value of the guns. He tried to under cut the value and pissed the judge off even more. In the judges defence my friend was an a hole and I had no sympathy for him.

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[Huskerguy]

I have a similar question that cannot be answered on the internet...

Should firearms be held in an irrevocable trust?

SWMBO and I are elderly.
When the "Gunshow Loophole" closes, and it likely will,
how will a person inherit a firearm?
Again, it will be state law, but...

If I am incompetent because of Alzheimer's, dementia, or a bad cough,
and somebody "Red Flags" me, who gets the guns?

If I leave a firearm to someone in my will,
that will is a public document.
Someday this may well require a 4473.

An irrevocable trust is forever, the firearms belong to the trustee(s)
to do as they please, buy or sell. I would have to trust the trustee(s).

It may be that this house should belong to a trust.
Has anyone taken this path? This might foul up a divorce nicely.
It's certainly all lawyer stuff...

Thanks for thinking about it.


I have been married for nearly 48 years. I couldn't imagine it any other way and frankly do not look forward to that time, should it happen.

We have two adult children and a couple of rental properties. Have an attorney friend and he gave me the Pros and Cons of wills and trusts. In a will, you pay to have an attorney write it up and then again you pay an attorney to take it through probate at court. The downside is paying the attorney to settle the estate and as my friend said, there are a lot of crooked attorneys out there and they often work on a percentage of the estate. Also since we had rental property, a will ties everything up until the courts decide so it is difficult to conduct business in that time period which can be a few to several months.

We went with a trust. It has all the medical and DNR pieces and names the kids as trustees. Theoretically, if we both go tonight, our kids could walk into the bank tomorrow and withdraw all of our money, pay bills, sell our houses, collect rent, you name it. They don't have to ask anyone, just do it within what the trust document says.

Another thing I learned is you can stipulate in writing outside of a will or trust, where you want certain property to go. You can say child #1 gets the fine china, #2 gets the crystal and # 3 gets all the lead ingots. However, you cannot do that with money, it has to be in the will or trust.

Another problem with guns, as I understand it is they may have to go through a transfer. My kids both live in different states which complicates things a bit. I suspect if they are all still in the safe at the time of my demise then they will be sold and the proceeds split, a few may be kept.

It can get pretty complicated. For years I tried to get even numbers of everything so it made splitting things up easier. I think by now that has been rearranged.

[lksmith]

Had a friend pull something simmilar but he sold them i think. Judge was pissed and made my friend monetarily reimburse his wife for half the value of the guns. He tried to under cut the value and pissed the judge off even more. In the judges defence my friend was an a hole and I had no sympathy for him.

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Selling them and losing them are different in that money changes hands.

[Rockzilla]

Went thru one... where I live Md. there is no common law marriage,
As my attornery explained to me, what was acquired pre marriage is
basically his / hers not community property anything acquired during
the said marriage becomes community property.
So the house / furniture / guns / cars / assests were all mine, she had
to "prove" that it was bought jointly.
Had a good lawyer here....

-Rock

[GregLaROCHE]

What about if you inherited money and used it to by guns? What if you inherited a house. Is it half hers?

[Piedmont]

What about if you inherited money and used it to by guns? What if you inherited a house. Is it half hers?

Keep everything you inherit in your name only. Otherwise look out.

[Butzbach]

OMG! I read this thread to my wife of 32 years and she ticked off the pre nuptial guns in my collection like she was prepping for an auction! I didn't know she was even payin' attention all these years! Be nice to your gals fellas!

[NyFirefighter357]

What guns?

[Rcmaveric]

OMG! I read this thread to my wife of 32 years and she ticked off the pre nuptial guns in my collection like she was prepping for an auction! I didn't know she was even payin' attention all these years! Be nice to your gals fellas!Kind of funny how they forget the nice things you did yesterday but keeps reminding you of that one time 5 years ago when you snuck a peek at a newer model.

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[MrWolf]

What about if you inherited money and used it to by guns? What if you inherited a house. Is it half hers?

If it gets comingled you will probably be out of luck like I was. If you are even thinking along the lines of divorce, speak to an attorney. You may think you know your spouse but once they start talking to "friends" you will have become the most devious devil on earth. Wait till you get to the "entitled" parts and my divorce was fairly easy as they go as once she spoke to an attorney and realized settlement would be no where near what she thought.

[Murphy]

Divorces seldom turn out pretty. I'm sure there is a forum (or 20) dedicated to nothing but divorce nightmare stories. That being said, I've been there, done that. Stuff is stuff, my freedom meant more. I'm pretty sure there's a country song somewhere in 90% of most divorces.

As stated by others in this thread, divorce laws vary from state to state. The only way to know about your rights in Alaska, is to consult a practicing attorney in your state. Preferably, one who specializes in divorce.

Best of luck my friend,


Murphy

[lksmith]

Divorces seldom turn out pretty. I'm sure there is a forum (or 20) dedicated to nothing but divorce nightmare stories. That being said, I've been there, done that. Stuff is stuff, my freedom meant more. I'm pretty sure there's a country song somewhere in 90% of most divorces.

As stated by others in this thread, divorce laws vary from state to state. The only way to know about your rights in Alaska, is to consult a practicing attorney in your state. Preferably, one who specializes in divorce.

Best of luck my friend,


Murphy

Usually the outcome is the woman gets the gold mine and the man gets the shaft, regardless (Johnny paycheck song I believe). I had a boss (great guy, still friends with him) who caught his wife cheating multiple times with multiple different people, including audio and video evidence. She still got more than half of everything including his 401k and custody of the kids. He got to keep the house but had to pay her for half the value, and still make the original mortgage payment.
Not trying to play battle of the sexes, but the system is skewed heavily in favor against the man

[Lloyd Smale]

My understanding is if an asset can be identified as premarital and has not been co-mingled (funds) then they are yours. I had a settlement for an injury and made the mistake of putting it in our joint account. She got half of the money for my pain and suffering. Speak to an attorney in your state.

in michigan that works for 7 years then everything is joint owned. Best move is do what my buddy did. He knew the writing was on the wall and for about a year started slowly bringing his guns over here to stash them. He left about a dozen inexpensive guns at home to claim. We even did the paper work to transfer the handguns. She told the judge he had more guns and was pulling a fast one his lawyer said he sold his handguns to pay bills and buy food and the rifle were gone many years ago. No paper trail with them and she didnt have any proof so the guns other then those cheap ones were thrown out. Bad enough he lost his boat and his harley and had to sell his house.

[JRLesan]

Jerry Reed, I think...

[lksmith]

Jerry Reed, I think...

You're right. Been a while since I heard it.

[trapper9260]

I have not ever been married yet . I have not found one that fits in for me yet . Too many looks for money , I do not have . if one ask for a pre then I would drop them fast then I got to know them. Still looking and time will show what the outcome will be.