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Originally Posted by Curly Q. Howard
I'll clear it up: Before a judge declared that marital property was to be divided between husband and wife (and the guns are located in the family home), father told adult son that he would one day inherit the firearms. Now that marital property is to be evenly divided, the father suddenly has said the guns are the son's. What's to keep the father from claiming the guns are still his once the divorce is final?
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Doesn't really clear anything up, but it does help us zero in on an answer.
As Spats already commented, "One day you'll inherit" is very different from "I'm giving you." At this stage, the guns are still the father's.
Now the father goes into court and says, "I gave the guns to my son." Firstly, it would appear (based on just the facts you've provided) that the father is perjuring himself. But ... if that isn't challenged or isn't shown to be a falsehood in front of the divorce judge, then it would appear the father has formally declared for legal record that he "has" (meaning previously, in the past) given his guns to his son. So now the guns belong to the son, according to the father's own sworn statement. (I'm assuming such a statement would have to be sworn.)
Then you ask what's to prevent the father from reclaiming the guns after the divorce is final. My guess would be that if he were to do so, the ex-wife would have him back in court to answer for perjury and/or making false statements. He stated to the court, as evidence in a legal proceeding, that he previously gave away the guns. IMHO he would be a fool to subsequently try to claim they are still his.
But ... foolish people find themselves in divorce court. I should know ...
