User Panel
Posted: 9/4/2004 10:40:40 PM EDT
My wife and I are getting divorced and she decided to empty my gun safe so she could pay her lawyer. Evidently he said it was ok to do this and they were maritial property anyway. My lawyer says that since they were of value only to me and that I was the only one that ever used them that the judge would most likely rule they were my sole propery. Guys, I asked for only three things when I left. 1. Time with my kids, 2. my guns, and 3. my tools. She sold all of them to my neighbor for $1500 (he knew exactly what a bargain that was) I am talking about a dozen high dollar firearms, including my AR. They are locked in his safe. My question is, what do you think my chances of getting them back are? It is my understanding that she can not sell anything until after the divorce and the settlement is final and if the judge says that they are/were my property and she had no right to sell them- does this guy have any legal right to keep them and not return them to me? I look at this as possesion of stolen property but I am a legal idiot. I am giving a her all that we have accumulated in a twelve year marriage. I am asking for so little out of this I can not see the judge denying me this. What do you think-any similiar situations you know of? I am just sick over this.
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Good luck. Since she's done stuff like this, go find the meanest nastiest divorce lawyer you can find. She obviously wants to make your life miserable, and as they say "all's fair in love and war" ..... you can guess which part of that saying you've moved on to.
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Is it me, or are there a dirth of these
"I'm getting a divorce and my wife is fucking me with a one foot tree branch" stories. These stories are certainly not making me want to aquire a wife. Back on topic: Good luck, dude. Sounds like she sold the guns out of spite. Hope you get them back. Remember that revenge is a dish best servered cold - and then placed in the curtain rods to rot. |
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She renigged on her part of the bargain, now you go for half of EVERYTHING. Including the house. Time for the big-gun divorce lawyer.
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Yeah, you got the NYPD plunger treatment in hard way. I'll second the bottomfeeding lawyer suggestion, it's the only way to be sure. |
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that flat sucks.
If I was the neighbor, I would sell them back at cost, might want to have a heart to heart talk if he a good man he'll do the right thing. good luck, |
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Sell every last thing she owns for $1 .... read huge fucking yard sale. Hell after all it's marital property and you have to pay for a lawyer somehow, too, right?
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If papers are in place already , You may have a chance of getting your shit back , but don't hold your breath . My ex decided to be real cute and had the command box everything up and send it across the country so I couldn't get any of it back , even though there was a court other saying she could not do that .
P.S. I got hosed . |
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Guess you must have missed the +1,000 posts about divorce that have been posted here.
I feel for you. I wonder if your neighbor would be willing to sell them back to you for his cost plus a couple hundred for his troubles. Of course your neighbor might be screwing your ex ole lady too. You could always wait a couple years after the divorce and "pay him back". |
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Hoppy8420 |
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If his neighbor bought them knowing the situation, chances are he's a first class shitbag. |
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Maybe maybe not . Talk to the dude . It might be a "I saved your guns , but it cost me $1500 to do it for you ."situation. |
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That would be nice, but I'd assume that he already talked to him before posting here. |
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Your neighbor is an asshole, he knew he was stealing from you.
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More than likely , but you never know . I had a friend show up at my house with a box of stuff one day when my ex ran one of her sales, and he never would let me know what it cost to get it back for me . |
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The depths of a womans depravity are unimaginable. I could say so many things...............................
aaaaaaaaggggggggghhhhhhhhhhhhhhh! Man, I am hurting for you. I don't know your financial straights(probably not too good, with what you are going through), But get the best lawyer you can and if you have $1500 left over, offer it to the the neighbor for your guns. If the neighbor doesn't accept, put him on your list right behind that evil funt. |
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That's the definition of a true friend. |
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First, I would go to the neighbor who bought your toys and ask him if he is willing to sell them back to you. Explain that she sold them without your knowledge and out of spite. He might be willing to sell them back to you. Obviously you shouldn't pay anymore than he gave the wife.
If he declines to sell them back, you might be SOL as far as getting them back from him. But, if you can show that they were worth much more than she sold them for, she may be liable for the difference in their value. She sold them for $1500, but they were worth $5000, she might have to cough up the other $3500 until the judge rules on the matter. There might also be a way to get a court order or bond that would require the neighbor to turn the guns over to the court until the matter is resolved. You might have to put up the cash that he paid your wife, to the court to get the order, but the neighbor would need to give up the guns too. ( It would be like getting your car back after a garage puts a mechanic's lein on it for payment, but you dispute the quality of the work. You put the money up at the courthouse, in retunr for a bond, and they have to release the car to you. The money is then held until a judge can hear the case over the disputed work and decides if you need to pay all, part or none of the mechanics lein.) When I knew my ex and I were headed for separation, I took my stuff I was worried about (my toys, some family heirlooms that my parents gave us, etc, and I gave them back to my parents. One of the items I gave back was a complete set of Wedgewood china worth about $7500. The ex still says it was aquired during the marriage and she should get it since my mother gave it to her. I counterd that it was in my family before we got married and I had grown up eating holiday meals and othe special occassions on it. I simply gave it back to the people who had actually paid for it until the matter could be resolved. She didn't like it, but I think her lawyer told her she was out of luck on that one since I could show it was in my family before we were married.) She didn't say much about my toys, other than she was happy that they were out of the house. But I have no doubt that she would have sold them given the chance. She sold a few of my things during a garage sale when I was away. Luckily I had some friends that saved them for me and gave them back. I wish you luck. I would deffinatley speak to a lawyer about your options and recourses. It will be worth the fees to get sound advice. |
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The older I get, the more I think that a man only needs one or two friends like that in the world to get through all the other bullshit. |
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KLR . You are about to learn who your true friends realy are and the answear may shock and scare you at the same time . |
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I am not a lawyer so check this out with your real lawyer before proceeding.
If they were your guns & sold without your permission, They are now stolen property. Inform the neighbor that he is in possesion of stolen property & will be reported to the police if they are not returned promptly. |
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What did the Gunny say about women? If you can't cure the urge with booze...
andybody with a pic of that scene from saving silverman please post! |
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+1 Roy |
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It's community property, what's his is hers and hers is his....
It is'nt theft. |
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Just hearing about what your wife did is churning my stomache. I hope you can get them back.
+1 on not getting a wife. Female "I've always dreamed of getting married some day - then screwing my husband over for everything he's got." |
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One more reason I am glad I am not married.....
DAMN MAN, THAT SUCKS, I honestly dont know what to tell you, but 1 thing, Tell your attorney to get MEAN, put her through hell, go for the throat....... |
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Depending on time frames, I thought anything aquired before the marriage, even a house, is not part of a split-up of assets? Anything afterwards is fair game. Firearm reciepts dated before the marriage may prove handy if that applies. Ask your lawyer, each case differs. I went through all that a few months ago, KLR, I felt bad enough removing my guns from the safes to a off site location. She never had a key to the gun room, let alone the safes. If there is any fighting, the police are to remove them anyway, secured or not with the domestic violence laws in place. Of course in hindsight, you should have stashed 'em elsewhere a long time ago, keeping an "expendable" one or two at hand. Good luck, KLR, keep your cool too. |
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Call the ATF and have her charged with dealing firearms without a license.
I doubt you'd get the guns back though. |
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About 12 years ago I went to Korea for a one year hardship tour of duty. While I was away the wife sold my guns and tools and left me for another man. For good measure, she ran up $10,000 worth of credit card bills.
I was so hurt and pissed I couldn't see straight. I went to JAG to get some legal advice. We were in Kalifornistan at the time (Fort Ord), the land of community property and no fault divorce. She was entitled to half of everything. Most women are greedy by nature, and my wife was no exception. I offered her a cash settlement to just sign the divorce papers giving me the kids and the house, along with all the credit card debt. She agreed. The amount of the settlement? $5000. The moral? Find a way to take advantage of her greed. |
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Well are you still in jail for kicking the bejesus out of her?
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Too bad you didn't have one, just one, nfa weapon in there and then you could really get her for illegally transfering nfa.
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I was surfing through the womens section earlier this week ( not an area I normally go to, but was bored) and one of the women made the observation that these are generally the same guys who post about how crappy they treat their wives, or how women are second class citizens, yada yada....then 6 months later, the same guys are posting about how their wives are leaving them. Big surprise there, and I think there is some truth to it. Conservative men ( such as some who post here ) especially seem stuck on the idea that they are somehow better than their women, that their women are inferior, should not have the vote or other civil rights the same as men, etc. Any relationship takes work, and if you don't treat your partner as an equal, they wont stick around unless they are one of those co-dependant women who are so beat down they don't object to being used as verbal and physical punching bags. Not the kind of partner I want to have in my life..... AS far as the original issue brought up by the thread starter, unless you can show that some of the guns were bought pre-marriage, they are joint property and need to be divided up through the divorce process in family court. She may have sold them, but you and your lawyer need to ber bringing the issue up in court when it comes time to divide the marital property; you may still be able to get them back. |
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amen to that. |
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Man, I feel for you, and all I can say is get a blood-sucking asshole of a lawyer who will rape her in front of the judge.
Thank you, Dear Lord, for making my divorce (so far) pretty painless...... |
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Sorry to hear about your situation. I can just imagine being in your shoes. I would be so pissed.
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Is the marriage worth saving or just your stuff?
I am not try to be harsh. I think I would report the weapons stolen. MT |
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she essentially stole and sold something of great value to him. marriage worth saving? what do you think? |
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anyway to get a restraining order on your neighbor? they'd take all his/your guns. then at least nobody would have them.
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I was thinking the same thing about an NFA weapon.
Too bad there wasn't one in there. Then you could send your wife and neighbor, who she was probably doing, up the river, but good. |
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Ask your lawyer if he will write a letter to your neighbor, stating that the guns are community property that are subject to an unresolved divorce action, and that the sale was unauthorized. Furthermore, he could communicate your offer to buy back the guns for what the guy paid, thus allowing him to "avoid any legal unpleasantness".
I'm not sure if your lawyer would be willing to do this, but if he did you might be surprised at how keen your neighbor might be to avoid legal entanglements. |
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OUCH!!!!!! www.No.marriage.com, and another favorite...www.americanwomensuck.com......
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link? |
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