NFA Items Dispersion

J

Jack_Bauer24

New member
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.
 
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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".
 
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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.
 
It's cheaper to keep her.
Click to expand...

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
 
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. :rolleyes:
 
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.
 
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