But you can use the PX, and on occasion stay in the cozy and luxurious downtown Kabul Holiday Inn.
-
ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info
Can a wife sell her husbands guns in GA?
- Thread starter USMCDAWG03
- Start date
- Status
But you can use the PX, and on occasion stay in the cozy and luxurious downtown Kabul Holiday Inn.
I am a lawyer, but I'm not giving out legal advice on ODT.
Personal advice: Have your friend get legal representation and otherwise stay out of it. This will only get nastier before it's over...and all we have is one party's side to the story. I've seen things look completely different once all the facts come out.
Personal advice: Have your friend get legal representation and otherwise stay out of it. This will only get nastier before it's over...and all we have is one party's side to the story. I've seen things look completely different once all the facts come out.
But remember - the question of marital property and separate property is an issue of equitable title, not legal title. Until it is brought up in an action for equitable distribution, my property is mine and yours is yours. In other words, you have to say "hey judge/jury, I have an equitable interest in this property and would like for you to make a determination of what that equitable interest is and award me said interest." Prior to that time, I can do whatever the heck I want to with my property.
Example from the real estate context. Lets say while married I buy a rental property in my name only, using funds from a joint account. During the marriage, my wife tries to sell it. Well, she can't. So I decide to sell it. I can. All day long. Can even take those funds and put them into my own account. Because legally
it is my property.
Wife gets pissed because I did this and files for divorce. Unless she files for divorce and files a claim on the lien records called a lis pendens before I sell it, I can still sell it. She has to take legal steps to prevent me from doing so. She can then make a claim against those funds and say that she is entitled to a portion of those funds as part of an equitable distribution of property. When push comes to shove, she might not get any of it. The judge/jury may decide that it should be all mine and none hers because that is what is equitable.
All the tag of "marital property" means is that it is subject to equitable distribution upon dissolution of the marriage. That does not mean that the spouse is actually entitled to anything, and in fact the finder of fact can very well determine that the spouse is entitled to nothing. It all depends on the facts of the case and what is determined to be equitable - as in fair. In GA, if one spouse works 60 hours a week and brings homes tons of bacon and the other is sitting at home doing nothing, is not raising kids, and is caught screwing the working spouses siblings and the rest of the neighborhood too, no way is lazy spouse getting half - because it is not equitable. If GA was a community property state, then none of that would matter and they would split it down the middle.
So long story short - she can't sell the guns, they are not hers to sell. Get a divorce lawyer.
Example from the real estate context. Lets say while married I buy a rental property in my name only, using funds from a joint account. During the marriage, my wife tries to sell it. Well, she can't. So I decide to sell it. I can. All day long. Can even take those funds and put them into my own account. Because legally
it is my property.
Wife gets pissed because I did this and files for divorce. Unless she files for divorce and files a claim on the lien records called a lis pendens before I sell it, I can still sell it. She has to take legal steps to prevent me from doing so. She can then make a claim against those funds and say that she is entitled to a portion of those funds as part of an equitable distribution of property. When push comes to shove, she might not get any of it. The judge/jury may decide that it should be all mine and none hers because that is what is equitable.
All the tag of "marital property" means is that it is subject to equitable distribution upon dissolution of the marriage. That does not mean that the spouse is actually entitled to anything, and in fact the finder of fact can very well determine that the spouse is entitled to nothing. It all depends on the facts of the case and what is determined to be equitable - as in fair. In GA, if one spouse works 60 hours a week and brings homes tons of bacon and the other is sitting at home doing nothing, is not raising kids, and is caught screwing the working spouses siblings and the rest of the neighborhood too, no way is lazy spouse getting half - because it is not equitable. If GA was a community property state, then none of that would matter and they would split it down the middle.
So long story short - she can't sell the guns, they are not hers to sell. Get a divorce lawyer.
Too late for that! hahahahahaha! Good information.
I don't know the details, but sometimes the right thing to do is get involved in a **** storm that doesn't have to be your problem. I f this is the case good luck OP
Sorry, I've seen several rounds of some woman wanting a divorce claim she was beaten. She then claims domestic violence and everybody from the LEO to the judges are all on her side making sure she gets a TPO. The husbands who never laid a finger on them are up Schitt Creek as the system favors the woman and jumps to save her. In the meantime they go off and enjoy a new boyfriend or such.
Happens all the time. Of course the flip side is the husbands who leave their wives who raised the kids and kept the house destitute so they can get a younger piece of tail.
Yep
- Status
