Mid Divorce. . . Wife Took Guns!

[liberty911]

I have been following this board for a while. I have a new user name due to pending situation involving a divorce and an estranged spouse looking for anything to use against me. It's amazing what a Google search can turn up when someone knows your user name. . .

Anyways, my wife and I separated and divorce papers have been filed. But she took my guns! A mossberg, Walther P99 and CZ Rami .40. The Mossberg and P99 are clearly separate property. The Rami was purchased during marriage.

Anyways she takes the guns and I receive a letter from her attorney saying she took the guns due to my "intimidating and threatening behavior." Well, to tell the truth, I have never threatened anyone, let alone her. I have never handeled a gun without the utmost of respect and concerns of safety.

I filed a report with the locale police, told them about the guns are registered in my name, and where they can be found. They said they couldn't do anything about it, but to "call her attorney." I had them file a report and took the number anyways to protect myself.

I was just about to submit my application for a CCW, and will be moving to a "Shall issue" state soon. I want my guns back, but am afraid she will somehow get some sort of order from the court that will effect my ability to obtain a CCW in the future.

The court's do not look favoribly on guns in the possession of estranged spouses during divorce proceedings. Her attorney says I will receive the guns back, but at the time the property is distributed aside from the fact she has no legal right to retain my separate property. Any suggestions on how to proceed? Anyone experience a similar situation?

 

[Parallax]

I can't believe the police won't do anything, she stole your guns! Sorry about this, I really hope you get your guns back...

On another note, this is just another example of why I will never get married.
www.NoMarriage.com

 

[Bear Gulch]

If they are in your name, call BATFE.

 

[shermacman]

Nasty. That is why there are 11 lawyers for every 10 people in the US. I transfered mine to a friend when I got divorced and told her so she wouldn't pull the 209A deal (Massachusetts restraining order).

I wish the best of luck here, my man. I still don't understand how two people who were once in love can end up so full of hate...and yet, here I am, Exhibit A.

 

[calzoom]

Guess you have learned a hard lesson. First sign of trouble with the spouse is to get YOUR stuff off the premises into a secure location. Had the same thing happen to me back in 83. I ran my inherited family treasure shotguns over to a neighbor whom I barely knew and ask him to store them until the storm blew over. On the day of her departure she had a moving van and several cops show up at the house. They could do nothing nor could I because it was a civil matter.

A year later I went back to the neighbor and got my guns. Wheww! He didn't have to give them over to me but he was an honorable man.

I still have them and learned a lesson that will remain with me for life. Egos be damned you all know when its getting shakey around the house, thats the time to make the move. I know some of you will scream community property.
I will scream right back atcha Possession is still 9/10 of the law. Try it. And keep quiet. My opinion only. But it worked for me.

Good luck and try to get em back, civily. If she files a restraining order or takes an action against you it could cost you your future guns. Step lightly and don't let her know how bad you want em back. Sounds like she's trying a power play and you may be able to negotiate with a family heirloom or pet or something. I'm pulling for ya!

 

[No_Brakes23]

What's to say she wan't threatening you?

 

[lee n. field]

Three guns, worth maybe $1200-$1500. If that's part of what it takes to get out, you may be better to walk away from them.

 

[Gunsnrovers]

At this point, based on what's happening, I'd worry about them later and get yourself together.

With this much animosity, 3 guns are going to be the least of your problems. I'd say you're in for a serious fight. Keep your eye on the bigger picture. You covered your butt with the PD. Contact the BATFE as well. Just let them know the weapons have been taken and by whom. Let them worry about them after that. Just document things and talk to your attorney.

 

[Bear Gulch]

My ex has a very nice gun collection.

 

[simonBarsinister]

Didn't she threaten you with her vehicle? Have your attorney impound it for your safety.

 

[Ten Dollar Man]

Some thoughts...

1. Don't talk to her attorney---talk to your own. You do have one don't you?
2. Having gone through this myself, I understood that her attorney should not be talking to you. I don't understand why exactly, some sort of misrepresentation or conflict of interest? Anyway, my attorney insisted on having no contact with my now ex-spouse because somehow it could cause problems down the road. Perhaps your attorney can clarify.
3. As someone said, the value of the guns is meaningless. You may not think that now, but you will. There is a whole lotta hurt that can be laid at your doorstep real soon. Get a lawyer.

PS I'm not a lawyer. Hope I never have to hire another. Would not be in your shoes without one.

 

[Crosshair]

From personal observaton (At work and former jobs) I can see why so many men kill their wives. Sure some women are in a bad relationship and I applaud them for getting out of it. Some seem to enter "bitchy payback mode", when this mode is entered I loose all respect for the woman getting out of the relationship. If you're husband beat you when you where married, what is he going to do when you start suing him for everything he own's. Just settle for a good chunk and get on with life. I don't mean to troll, but some people bring it on themselves. Others just seem to have married a nutbag. It's luck of the draw. The way some people handle divorce is like throwing gas onto a campfire. :banghead: I agree that one must protect themselves, but some people just can't be civil. It is unfortunate that many people will side with the woman when in many cases she is the one who is being unreasonable. (Again, not trying to bash woemen, just the really mean ones.)

 

[trickyasafox]

similar thing happened to my cousin's husband; no guns involved, but it hit the fan and he left, after the dust settled, he literally walked away with just the clothes he had put in a box when they seperated. needless to say we talk to him now, not her.

 

[thatguy]

I take it the divorce isn't happening with the two of you on the best of terms? I'm very sorry about this.

The guns are probably considered community property unless a judge says otherwise so that's why the cops don't care. She has as much legal right to have them as you.

The accusations of being threatening are, unfortunately, standard operating procedure these days in divorces. If you have kids she will also accuse you of child abuse, neglect, endangerment or molestation. Many wives do this (often on advice or with encouragement of slimy counsel) to strengthen their hands when demanding alimony, division of property, or child custody. The good thing is that most judges aren't stupid and know what's happening.

Do not lose your cool. You may never see the guns again so prepare yourself for that possibility. At this point they are items of value to be divided by the settlement and she may sell them tomorrow, or get them in the settlement from a court that doesn't care about sentimental value. She took them because she knew they were important to you and she wants to hurt you. Don't give her the satisfaction. Act like you don't care about them and they won't matter so much to her. But like I said, it's very likely they're gone.

Get an attorney and do what he or she says. Get on with your life and start thinking about the new guns you will buy. And don't talk about anything in public, anymore.

 

[SIOP]

Did she violate the laws of the state you reside in when she took possession of the firearms? I'm betting she did. Especially since there were handguns involved. Let your attorney handle it. The rest of the guys are right on the money with their advice. But it is the principle of the thing, isn't it? Sorry to hear about your troubles, and hope everything works out for you.

Dan

 

[Standing Wolf]

It's always worth everyone's while to keep a gun or two in bank boxes. You just never know what's going to start passing through the fan.

 

[Double Maduro]

Liberty911,

I will add a couple of things to what Ten Dollar Man said.

Don't talk to her either. If it has progressed to this point you will do no good trying to talk things out. Emotions are rampant at these times.

Don't be anyplace alone with her or her relatives or her friends.

If you have kids, take a friend with you when you make the exchange. Don't ever be late, not one minute.

In some states a restraining order will disqualify you from CCW.

Use caution and restraint.

Under no circumstances make any statements to anyone that may be taken as a threat. It is best to be stoic. Keep a stiff upper lip and all that rot.

If these guns have sentimental value, suggest that the guns be stored with your attorney, make this suggestion through your attorney. If they don't have sentimental value, they will be awarded in the property settlement.

Best of luck, stay cool, stay calm, Yeah, yeah, I know, but do it anyway.

DM

 

[gazpacho]

Have your firearms placed in the hands of a third party that both attorney's can agree on. Same goes for any property in dispute that can be hidden, smuggled out of the country, etc. Right now, there is nothing keeping her from running a drill bit through the frame, or a rat-tail file down the barrels.

 

[George Hill]

If the cops wont do anything... just wait till she isnt' home and go get them.

Just go get them. Cops couldn't do anything because they are YOUR property.

 

[Zundfolge]

Anyways she takes the guns and I receive a letter from her attorney saying she took the guns due to my "intimidating and threatening behavior."

Forget the guns, they aren't rare or valuable so they will be easily replaced. Your ex and her attoryney look to me like they are trying to set you up for a restraining order and/or accuse you of domestic violence to gain an upper hand in the divorce.

A restraining order WILL make it difficult (if not impossible) for you to get a CCW and buy guns in the future.

Ignore the guns because if they seem important to you then it adds credence to their claim that you are dangerous. The courts are run by liberals and liberals believe that desire to own a gun equals desire to kill people (don't buy any other guns until after the divorce is final).

 

[bean357]

Liberty, I sincerely wish you the best in this!! That's just not right.

www.nomarriage.com ?? yeah, there ARE some women who are nasty to thier husbands in many respects. We ALL aren't like that.

 

[Parallax]

www.nomarriage.com ?? yeah, there ARE some women who are nasty to thier husbands in many respects. We ALL aren't like that.

Maybe not now, but marriage seems to make them that way. It's not a chance I'm willing to take. Just look how many people are posting "been there, done that". These days, marriage is for suckers.

"If I ever think I want to get married, I'll just find a woman I don't like and buy her a house."

 

[doncameron]

What ever you do GET an ATTORNEY!!!!!
DON'T TRY AND STEAL THEM BACK!!!

Stay AWAY from her unless you have witnesses who are impartial!!

Been there and done that TWICE!!!

keep your cool and try to stay calm.
Don't do anything STUPID!!


Best wishes for you, Don

 

[swjr72]

having been there - my wife called cops b/c i wouldnt leave my house that I was making the mtg payment and all utilities.

Tread lightly

GET AN ATTORNEY IMMEDIATELY ! ! !

the guns are replaceable - dont ruin your chance for CCW b/c she tries to get your goat not worth it

 

[twency]

That is why there are 11 lawyers for every 10 people in the US.

That's a joke, right?

Think about it.

And seriously: A good lawyer is your best friend in a situation like this. Yeah, there are sleazy ones out there, but find an honest lawyer, and whatever you pay him will be multiplied many times over both in money and aggravation saved.

______
twency - son and brother of lawyers