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Thread: Are Guns considered communal property in a marriage?

  1. #41
    Boolit Grand Master Char-Gar's Avatar
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    Quote Originally Posted by farmbif View Post
    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.
    Disclaimer: The above is not holy writ. It is just my opinion based on my experience and knowledge. Your mileage may vary.

  2. #42
    Boolit Master nueces5's Avatar
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    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 !!

  3. #43
    Boolit Grand Master
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    It depends on the state and the lawyer.

  4. #44
    Boolit Grand Master Char-Gar's Avatar
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    Quote Originally Posted by nueces5 View Post
    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.
    Disclaimer: The above is not holy writ. It is just my opinion based on my experience and knowledge. Your mileage may vary.

  5. #45
    Boolit Master nueces5's Avatar
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    Quote Originally Posted by Char-Gar View Post
    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.

  6. #46
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    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.

  7. #47
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    '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
    "I'm not often right but I've never been wrong."

    Jimmy Buffett
    "Scarlet Begonias"

  8. #48
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    Quote Originally Posted by lksmith View Post
    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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  9. #49
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    Quote Originally Posted by .429&H110 View Post
    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.

  10. #50
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    Quote Originally Posted by Rcmaveric View Post
    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.

    Sent from my SM-N970U using Tapatalk
    Selling them and losing them are different in that money changes hands.

  11. #51
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    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

  12. #52
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    What about if you inherited money and used it to by guns? What if you inherited a house. Is it half hers?

  13. #53
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    Quote Originally Posted by GregLaROCHE View Post
    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.
    Rule 303

  14. #54
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    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!

  15. #55
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    What guns?

  16. #56
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    Quote Originally Posted by Butzbach View Post
    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.

    Sent from my SM-N970U using Tapatalk
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  17. #57
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    Quote Originally Posted by GregLaROCHE View Post
    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.

  18. #58
    Boolit Master Murphy's Avatar
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    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
    If I should depart this life while defending those who cannot defend themselves, then I have died the most honorable of deaths. Marc R. Murphy '2006'.

  19. #59
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    Quote Originally Posted by Murphy View Post
    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

  20. #60
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    Quote Originally Posted by MrWolf View Post
    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.

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