Can my wife take my guns in a divorce?
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Can my wife take my guns in a divorce?
A state's status as a community property state or an equitable distribution state can determine who gets the guns in the divorce. Keep in mind that even if the gun goes to the ex-spouse that is not a gun enthusiast, marital property still can be traded, as long as the trades are of approximate equal value.
Are guns considered marital property?
Is my gun considered my personal property or is it marital property subject to division? Answer: If the gun was purchased with marital funds, it is marital property and subject to the jurisdiction of the court and an equitable distribution upon divorce.
Can a wife use a husband’s gun?
Bottom line is unless you want her to have the gun at a separate residence for more than 30 days, there is simply no issue here, and certainly no paperwork. If there is a reasonable threat of harm, or if the force is reasonable to prevent a violent felony (rape, burglary, etc) she is legally justified to shoot in CA.
Can a spouse take everything in a divorce?
The unfortunate reality is that he/she may certainly try to take everything, or at least an unfair share. The rule is that the community property must be divided 50/50, according to “no fault” principles. Each spouse has a fiduciary duty to disclose all assets (and income, expenses and debts).
