NFA Items Dispersion

Jack_Bauer24 · September 24, 2012, 07:55 AM

I have a hypothetical question regarding NFA items. How would this effect both Individual & Trust.

If you had 10 NFA items before you were married and then accumulated 5 NFA items after marriage and your spouse divorcees you some time later can a judge make you sell or transfer the 5 NFA items to your spouse?

The reason is I'm in NC and they have very hard divorce laws that 1/2 belongs to your spouse in a divorce.

cornbush · September 24, 2012, 01:44 PM

My advice would be to treat her good.......

Skans · September 24, 2012, 01:56 PM

The divorce judge doesn't have to order that you split them with your spouse, he can simply order you to sell them and split the proceeds. Or, the judge can put a value on the NFA items and off-set your other assets by the value of the NFA, letting you keep your guns, but take more than 1/2 of everything else away from you to compensate.

Also, depending on how long you were married, what you had prior to your marriage may no longer matter. Every state is different, but generally the longer you were married, the less a judge will say you own "prior" to your marriage. If you were married for 25 years, the judge isn't going to want to hear about the $10,000 and Colt Python you had prior to your marriage. He'll just tell you - "Well, you could have made her sign a prenuptial agreement.........but you didn't, so it's 1/2 hers now".

Goatwhiskers · September 24, 2012, 03:33 PM

I'm not a lawyer, not have I ever played one on TV, but I'll bet she would have to do all the paperwork and pay the $200 fee on each item to have them transferred. Heck, the judge would probably make you pay the fees. GW

Come to think of it I didn't even sleep in a Holiday Inn Express last nite.

Willie Lowman · September 24, 2012, 07:29 PM

It's cheaper to keep her.

Jack_Bauer24 · September 25, 2012, 08:00 AM

Asking for a friend, this is why I'm not married and never plan to.

Stressfire · September 25, 2012, 03:38 PM

Quote:

It's cheaper to keep her.

With Ohio being a no fault state, maybe not

Yup, yup to the pre-nup

But I would hope that whatever was purchased privately before a marriage remained the owner's even should it end

Might want to have your friend look into a dissolution instead - they tend to be less.....messy

medalguy · September 26, 2012, 11:52 PM

Regardless of what any judge or divorce decree requires, each and every transfer will have the tax due. Federal law trumps.

Another good reason for a trust in my opinion.

C Philip · September 28, 2012, 09:39 AM

If I had 10 NFA items before I got married, there would be a prenuptial agreement involved.

Rob62 · September 30, 2012, 07:25 PM

Skans gave a great answer and I think is spot ON for just about any state's divorce laws / property laws.

There is nothing that I can think of to add to it.

September 24, 2012, 07:55 AM	#1
Jack_Bauer24 Senior Member Join Date: August 16, 2007 Posts: 147	NFA Items Dispersion I have a hypothetical question regarding NFA items. How would this effect both Individual & Trust. If you had 10 NFA items before you were married and then accumulated 5 NFA items after marriage and your spouse divorcees you some time later can a judge make you sell or transfer the 5 NFA items to your spouse? The reason is I'm in NC and they have very hard divorce laws that 1/2 belongs to your spouse in a divorce. __________________ "When the people fear the govt there is tyranny, when the govt fears the people there is liberty." Thomas Jefferson Last edited by Jack_Bauer24; September 24, 2012 at 09:04 AM.

September 24, 2012, 01:44 PM	#2
cornbush Senior Member Join Date: September 29, 2008 Location: The retarded place below Idaho Posts: 1,408	My advice would be to treat her good....... __________________ The best shot I ever made was an accident

September 24, 2012, 01:56 PM	#3
Skans Senior Member Join Date: November 20, 2008 Posts: 11,132	The divorce judge doesn't have to order that you split them with your spouse, he can simply order you to sell them and split the proceeds. Or, the judge can put a value on the NFA items and off-set your other assets by the value of the NFA, letting you keep your guns, but take more than 1/2 of everything else away from you to compensate. Also, depending on how long you were married, what you had prior to your marriage may no longer matter. Every state is different, but generally the longer you were married, the less a judge will say you own "prior" to your marriage. If you were married for 25 years, the judge isn't going to want to hear about the $10,000 and Colt Python you had prior to your marriage. He'll just tell you - "Well, you could have made her sign a prenuptial agreement.........but you didn't, so it's 1/2 hers now". Last edited by Skans; September 24, 2012 at 02:03 PM.

September 24, 2012, 07:29 PM	#5
Willie Lowman Senior Member Join Date: March 5, 2009 Location: Uh-Hi-O Posts: 3,006	It's cheaper to keep her. __________________ "9mm has a very long history of being a pointy little bullet moving quickly" --Sevens

September 25, 2012, 08:00 AM	#6
Jack_Bauer24 Senior Member Join Date: August 16, 2007 Posts: 147	Asking for a friend, this is why I'm not married and never plan to. __________________ "When the people fear the govt there is tyranny, when the govt fears the people there is liberty." Thomas Jefferson

September 24, 2012, 03:33 PM	#4
Goatwhiskers Senior Member Join Date: April 8, 2009 Location: Batchelor, La. Posts: 579	I'm not a lawyer, not have I ever played one on TV, but I'll bet she would have to do all the paperwork and pay the $200 fee on each item to have them transferred. Heck, the judge would probably make you pay the fees. GW Come to think of it I didn't even sleep in a Holiday Inn Express last nite.

September 26, 2012, 11:52 PM	#8
medalguy Senior Member Join Date: August 31, 2009 Location: New Mexico Posts: 1,033	Regardless of what any judge or divorce decree requires, each and every transfer will have the tax due. Federal law trumps. Another good reason for a trust in my opinion.

September 28, 2012, 09:39 AM	#9
C Philip Senior Member Join Date: January 9, 2005 Location: USA Posts: 784	If I had 10 NFA items before I got married, there would be a prenuptial agreement involved.

September 30, 2012, 07:25 PM	#10
Rob62 Senior Member Join Date: June 28, 1999 Location: Georgia, USA Posts: 560	Skans gave a great answer and I think is spot ON for just about any state's divorce laws / property laws. There is nothing that I can think of to add to it. __________________ NRA & NAHC Life Member