Can a wife sell her husbands guns in GA?

[Retread]

If there is no bill of sale, and she doesn't know what happened to the guns, and she didn't sell them...

 

[jlw]

Going back a few posts - property is NOT jointly owned simply because you are married. Period. If that were the case, the many thousands of transactions I have closed with a married person selling their solely owned property would be invalid.

I can sell the car that is titled in my name only with absolutely no consent of my spouse. She has no legal claim to it. She has an equitable interest in it because it was purchased during the marriage, but until that equitable interest is asserted in a divorce action or the like, she can't stop me from selling it and she can't sell it.

The fact that there are not titles to firearms is the only difference in the two scenarios. Can he prove that she is not the owner? Not with paper, but I am sure that unless some one perjures themselves that it will be pretty clear that they belong to him.

Can you imagine what her divorce attorney would do with information that he sold all her jewelry?

Just because it would not be a criminal offense does not mean that selling your spouses property would be legal.

One last time folks - just because property is acquired during marriage does not make it joint property. Period.

This matches up with what I have posted. It isn't a criminally prosecutable issue. It is a civil issue.

 

[Analogue]

Lol why don't you go back to your moms basement and continue on your xbox. Oh wait are you an attorney?

My name is Lee Weems. I am the Chief Deputy of the Oconee County Sheriff's Office. I have a Master of Public Administration degree from the University of Georgia. I am an instructor of political science for Georgia Military College and previously was an instructor of criminal justice for Gainesville State College prior to its consolidation into the University of North Georgia. I hold a POST Advanced certificate as well as numerous other such certifications including being certified as an instructor by multiple organizations including the FBI. I have been a peace officer for over 15 years. In that time, I have served numerous protective orders for the courts and have worked numerous domestic violence incidents. I have also taken or been privy to numerous reports of instances in which one spouse was claiming "theft" on the part of another spouse. I have yet to see a single instance of a prosecution being initiated over such a "theft".

No. I'm not a lawyer.

Jesus van dude that burn has got to HURT.

DAMN!

 

[mkdhotrod]

My name is Lee Weems. I am the Chief Deputy of the Oconee County Sheriff's Office. I have a Master of Public Administration degree from the University of Georgia. I am an instructor of political science for Georgia Military College and previously was an instructor of criminal justice for Gainesville State College prior to its consolidation into the University of North Georgia. I hold a POST Advanced certificate as well as numerous other such certifications including being certified as an instructor by multiple organizations including the FBI. I have been a peace officer for over 15 years. In that time, I have served numerous protective orders for the courts and have worked numerous domestic violence incidents. I have also taken or been privy to numerous reports of instances in which one spouse was claiming "theft" on the part of another spouse. I have yet to see a single instance of a prosecution being initiated over such a "theft".

No. I'm not a lawyer.

I just have a bachelor's with 5 years of ongoing military service, I'm not a lawyer either.

 

[ARCman47]

Jesus van dude that burn has got to HURT.

DAMN!

Who are you again?

 

[ARCman47]

My name is Lee Weems. I am the Chief Deputy of the Oconee County Sheriff's Office. I have a Master of Public Administration degree from the University of Georgia. I am an instructor of political science for Georgia Military College and previously was an instructor of criminal justice for Gainesville State College prior to its consolidation into the University of North Georgia. I hold a POST Advanced certificate as well as numerous other such certifications including being certified as an instructor by multiple organizations including the FBI. I have been a peace officer for over 15 years. In that time, I have served numerous protective orders for the courts and have worked numerous domestic violence incidents. I have also taken or been privy to numerous reports of instances in which one spouse was claiming "theft" on the part of another spouse. I have yet to see a single instance of a prosecution being initiated over such a "theft".

No. I'm not a lawyer.

So you want a ****ing cookie? If you are who you say go help the dude out instead of posting about it on odt..

 

[gamadmex4502]

Kind of from what I am reading, but it would really require both parties to agree, assuming the weapons were acquired during the time that they were married.

From the good people at divorcenet.com I found this:

[h=2]Marital Versus Separate Property[/h]First, courts must distinguish between "marital" and “separate” property. This is an important distinction because marital property is divided between spouses, but separate property is not; spouses get to keep their separate property after divorce.
There are specific rules, set out in case law, for determining which assets are separate and which are marital property.
[h=3]Marital property[/h]The general rule is that all property acquired by either spouse during the course of the marriage, regardless of title, is marital property and subject to equitable division.
[h=3]Separate property[/h]Separate property includes any asset acquired before the marriage, or acquired by either spouse during the marriage via third-party inheritance or gift (gifts that spouses make to each other are marital property).

http://www.divorcenet.com/states/georgia/ga_property

 

[jlw]

So you want a ****ing cookie? If you are who you say go help the dude out instead of posting about it on odt..

The dude has no legal standing. If there is any way I could be of professional service to the woman in question I would be happy to make the appropriate referrals in her service area. She hasn't asked for help. The dude did ask a question.

Yes. I would like a cookie.

 

[ARCman47]

The dude has no legal standing. If there is any way I could be of professional service to the woman in question I would be happy to make the appropriate referrals in her service area. She hasn't asked for help. The dude did ask a question.

Yes. I would like a cookie.

Alright i can at least hook you up with a chocolate chip.

 

[jlw]

Kind of from what I am reading, but it would really require both parties to agree, assuming the weapons were acquired during the time that they were married.

From the good people at divorcenet.com I found this:

Marital Versus Separate Property

First, courts must distinguish between "marital" and “separate” property. This is an important distinction because marital property is divided between spouses, but separate property is not; spouses get to keep their separate property after divorce.
There are specific rules, set out in case law, for determining which assets are separate and which are marital property.
Marital property

The general rule is that all property acquired by either spouse during the course of the marriage, regardless of title, is marital property and subject to equitable division.
Separate property

Separate property includes any asset acquired before the marriage, or acquired by either spouse during the marriage via third-party inheritance or gift (gifts that spouses make to each other are marital property).

http://www.divorcenet.com/states/georgia/ga_property

One of our guys had a dog prior to getting married. The wife was awarded the dog in the divorce. Once the divorce was final, she gave it away.

I've also know of a few instances where a home has been in a family for several generations only for a spouse to get it in a divorce.

The division or property sometimes takes crazy turns.