What you can do if she wants the guns

So you’re headed for divorce, and you and your spouse are in the middle of battling for property. While many couples can agree on a fair division of property, every so often a spouse demands an item solely for the purpose of aggravating their soon-to-be ex. This is a common occurrence and can have one person seeking ownership of an item they never cared about in the first place. This is especially common with high ticket items like firearms.

Community property doesn’t mean an even and fair split of your belongings is in your future. What it does mean is that all your marital property will be split as evenly as possible. Depending on the circumstances, your spouse may try to prove that the property they desire is not marital property. If they can do this, the property in question may be excluded from division.

For whatever reason your spouse wants your firearms, she will either have to be awarded them, trade you for them or prove that they were hers before marriage. Luckily, if you purchased them prior to your marriage, or if they belonged to your family or were a gift, she gets no part of them. They are not considered marital property and their ownership remains with you.

Some people may think that if a firearm is registered in their name, ownership stays with them. In a Texas divorce, this is not the case and registering a gun only makes you responsible for it but doesn’t make you the owner of it.

Property division is a tricky aspect of divorce that can create huge problems for individuals that don’t understand the law. Having a trusted divorce attorney on your side can help keep you and your belongings safe.