Who gets the gun in a divorce?

Aug 31 2017 - Posted by , in Divorce

There are numerous assets often brought up in a divorce. With over 80,000 divorces reported in Texas in 2012, there is a lot for the courts to sort through. That data comes from the Texas Department of State Health Services

During a divorce, the spouses may worry about who receives what property. This involves the house and the car, but for many couples divorcing in Texas, it also involves guns. It is possible for one person to register the firearms, but in a divorce, it could go to the other spouse. Here is what Texas residents should know about the division of firearms in a divorce. 

Concept of marital property

The court considers anything purchased during the divorce to be marital property. That means that although one person spent money on the gun and additional expenses, it could still go to the other person if the court sees fit. 

There are exceptions that make it so that guns are not marital property. For example, if one spouse inherited the gun or received the gun as a gift, then it is not marital property. Additionally, if the person purchased the gun with inherited money, then the gun would be that person’s sole property.

Proper division of assets

In the court, it mostly comes down to creating an even distribution of assets. That means each person roughly gets the same number of items worth similar values. Therefore, if a person owned a gun and wanted to keep it after the divorce, he or she may keep it if he or she is willing to part with something else of a similar value. 

Other factors

Every divorce case is different, and the court may take a number of factors into consideration. For instance, the court may consider how the owner of the gun stored it throughout the duration of the marriage. Any children the couple share are also a big component. 

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