How to safeguard firearms from a divorce in MD?

[Sirex]

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[TyFromMD]

Is this about saving your guns or your marriage?

 

[NHaze]

I have no useful advice but I'm sorry for the sh|tty situation and following this thread because you never know...

 

[gungate]

Maryland is not a community property state. Guns, unlike other items you own together are registered in someone's name and/or have a specific one of you as the purchaser/owner. The court is not going to arbitrarily give her 1/2 the guns. The worst case is you might have to give her half the value of the guns. Do you have a lawyer? You are smart to get them out of the house for now. Store them at a friend's preferably out of state.

During your divorce (in MD), property is typically divided up based on what you brought to the marriage and what she brought. Property bought together is divided based on percentage of income. So if you make twice what she makes, then you will generally get 2/3rds of the joint assets (plus all of what you already owned).

See an attorney! Keep in mind though you will pay $25k EACH for a contested divorce. It behooves you to BE NICE and work it out!

 

[The sphinx]

Sorry to hear about this.

 

[safecracker]

The key here is what she can PROVE you have and what the value is.

My ex KNEW I had guns, but couldn't provide brands, models, or calibers - let alone serial numbers. The best she could do at arbitration was angrily blurt out, "You have lots of guns!". At the end of the day, I kept EVERYTHING.

 

[swinokur]

Don't ask for legal advice on an Internet forum. Call a lawyer ASAP. We have a few who are IP's here and they can give you either legal advice or refer you to someone who can

My .02

 

[Blake_7.62]

Don't ask for legal advice on an Internet forum. Call a lawyer ASAP. We have a few who are IP's here and they can give you either legal advice or refer you to someone who can

My .02

 

[traveller]

Consider putting them in a trust, similar to a trust for nfa items. Talk to a lawyer, not the internet.

 

[Name Taken]

Are you getting divorced over the guns? That's the way it sounds...you like guns, she doesn't, need her gone.

 

[swinokur]

I always ask "do you believe in the hereafter?"

they say "what do you mean?"

I say "if you're not hereafter what I'm hereafter, you'll be hereafter I'm gone."

it's worked ok so far.

 

[Mooseman]

Sell them all. Now. Sell them to a trusted friend or relative. Sell them for $10 each. Buy them back after the divorce is finalized.

 

[Jimbob2.0]

Your pretty screwed, hope you are not keeping any of this info on your computer.

Best bet is to start sneaking away what would be legla for face to face sale and start selling/transferring any prized ones. Watch for clawbacks. Talk to an attorney.


Snooping wives suck and they can pull it into a legal case.

 

[Vile Shadow]

From what I gather, he didn't definitively say he was getting divorced. He only asked how to hold on to his guns if he did get divorced.

That would be pretty damn low if this woman with no interest in firearms whatsoever now all of a sudden wants his.

 

[TyFromMD]

Perhaps her real issue isn't the guns you own but her perception that they're more important to you than she is. It may or may not be true but as long as she believes it is, it will always be an issue. A little less MDShooters and a little more family time goes a long way.

 

[Oldcarjunkie]

Sell them all. Now. Sell them to a trusted friend or relative. Sell them for $10 each. Buy them back after the divorce is finalized.

I agree with this!

Sirex ,if you don't have the above Bring them to me, sell them to me cheap enough I can afford to help you out but enough to show you got something for them. I will sell them back to you in a year (or earlier if you wish) for the same amount. Year pawn if you will. I assume by that time you will have worked out the situation one way or the other.

Or give me decent prices on stuff and I'll buy what I can to help you out. I know where you are I was once worried about the same thing, but we worked it out.

 

[Oldcarjunkie]

From what I gather, he didn't definitively say he was getting divorced. He only asked how to hold on to his guns if he did get divorced.

That would be pretty damn low if this woman with no interest in firearms whatsoever now all of a sudden wants his.

That's the way a lot of them are man

 

[6-Pack]

Before I got married, I told my wife that if she makes me choose between the guns or her she better have her bags packed. To my surprise, she's turned more pro-gun over the years.

If you are already married, you could do an ante-nuptial agreement. It's like a pre-nup, but entered into after marriage.

Although I don't practice a lot of family law, I'd be happy to talk to you through PM (or over a beer).

EDIT: I just noticed you are in Westminster. Isn't it a requirement to live up here that you be pro-gun?

 

[fabsroman]

Before I got married, I told my wife that if she makes me choose between the guns or her she better have her bags packed. To my surprise, she's turned more pro-gun over the years.

If you are already married, you could do an ante-nuptial agreement. It's like a pre-nup, but entered into after marriage.

Although I don't practice a lot of family law, I'd be happy to talk to you through PM (or over a beer).

EDIT: I just noticed you are in Westminster. Isn't it a requirement to live up here that you be pro-gun?

I thought that was the requirement for western Howard County. Been here three years and have figured out, nope. Guessing they are going to invade Carroll County next, or already in the process of doing so.

While the ante-nuptial would work, I don't know if that is going to fly at this point. Depends on how far apart the couple has drifted and how close to divorce they actually are. This kind of stuff SUCKS.

When I used to frequent a cycling chat board a lot, somebody on there asked what I would do if my wife told me I could not buy anymore bikes (i.e., I was buying a bunch of them back then). My response was:

First off, my wife would never tell me I cannot buy anymore bikes or that I have to give up cycling and that is why our marriage works so well. However, if she did tell me that I had to stop buying bikes, I would stop buying bikes, because at the end of the day seeing my kids every day is worth not having a new bike every year or two (i.e., I can ride the old ones). Well, the same goes for guns, hunting, shooting, and fishing. Luckily, my wife also understands that I don't spend money that we don't have and none of this has ever been an issue. She has never told me I cannot go riding, shooting, hunting, or fishing. I am a lucky man.

OP - simply put, you will get to keep your guns in a divorce IF they are titled (i.e., owned by you), but they will be considered marital property if they were purchased with marital funds, and that will be taken into account when a monetary judgment is determined. If your marriage is too far gone, then a Separation and Property Settlement Agreement might be in order where the two of you divide everything up before getting to court for the actual divorce. Whether this or an ante-nuptial will work for you depends on how far along you guys are.

Personally, work on saving the marriage if you have young kids and this gun issue is the only issue the two of you have.

 

[rico903]

Sorry to hear about your predicament. As many have said talk to a lawyer fast. Secondly, I would buy a good safe, rent an indoor climate controlled storage unit and have the monthly bill or credit card debit sent to your office or a friend's. Get a card in your name only and do the same with the monthly bills for the unit. Under no circumstances let her know about this unit. We all know in this day and age all she has to do is file a false police report that you threatened her and the cops will take your guns, usually never to be seen again. If I had the space you'd be welcome to store them with me. Perhaps you know someone who will do that for you. I'd draw up a legal document for your protection with whoever stores them though, and the trust thing may be a good idea but IANAL.