Firearms and Common Property in Marriage?

**Democrat Gun Owner** · September 28th, 2013, 09:47 PM

I am familiar with PA law regarding there being no need for an FFL transfer of a hand gun (or long gun for that matter) between husband and wife. But, it got me to wondering...

I truly consider all the firearms I own to also be my wife's firearms. I don't have mine, and she doesn't have hers. We have "our" guns.

She has bought firearms I've wanted for me as presents, and I have done the same for her. Nothing says I love you more than opening a firearm present on X'mas morning or on a birthday.

However, how does the law technically view this? Does the law view some of "our" guns as mine and some of "our" guns as hers, or are they all actually viewed legally as common property of our marriage?

I have no alterior motive in asking. I just ask for the knowledge. I love my wife very much. She's a real keeper...beyond the fact that she has bought me guns as presents. But, say we got divorced. How would "our" firearms be treated? Would they be split equally, or would the intent of the initial purchase be considered?

Finally, if other forum members are lucky like me to have a spouse who shares in your love of guns, do you consider your guns has yours and hers/his, or do you too consider all guns to be both of yours?

**Gunsnwater** · September 28th, 2013, 10:09 PM

I know a lot of guys who lost a lot of guns in just such a way.

**knight0334** · September 29th, 2013, 12:22 AM

IIRC, PA doesn't have "communal property" within a marriage. PA just splits the value of the money, assets, and possessions acquired during the marriage - "equitable distribution".

When it comes to firearms, the person's name on the transfer paperwork generally has the legal claim to it - but the value of it is split between the spouses. However, should the purchasing spouse give/sell/trade a gun to the other spouse - then the receiving spouse is the true owner. But if it was acquired during the marriage, it may face "equitable distribution".

With guns that are "co-owned", the name on the paperwork will generally get first review. But, in the event of a divorce - the value of the gun will take precedence.

Like other properties acquired in a marriage, guns will be accessed to their value for the splitting of the "estate"(lack of a better word) - unless there is an agreement between the spouses otherwise. Some things(guns) that were "given" by one spouse to the other may possibly be excluded from the split.

You almost have to look at a divorce as a funeral, with heirs fighting over their share of the estate. ....such situations often require selling off all the possession to equally split the value between the parties.

So, you and your wife may want to sit down and formulate an agreement as to who owns what of the "co-owned" guns if there is anything that has significant or sentimental value.

**GeoffLyons** · September 29th, 2013, 05:09 AM

Originally Posted by knight0334

You almost have to look at a divorce as a funeral, with heirs fighting over their share of the estate. ....such situations often require selling off all the possession to equally split the value between the parties.

If people were smart, they'd be writing up a prenuptial agreement. These are very useful when you're a top notch business guy getting married to someone who doesn't pull their weight around earning income.

**JStem1283** · September 29th, 2013, 09:38 AM

As far as I know, everything acquired during marriage is split either I want A,B and C items or by monetary value.

In our house however, I have my guns (both purchased before and during marriage) she has hers, then we have ours.

**Democrat Gun Owner** · September 29th, 2013, 09:51 AM

I guess in the eyes of the law, there are my guns and her guns. Otherwise, there would not be the exception to the background checks in transfers between spouses. If they were legally "our" guns, there would be no need for legislative mention of a transfer with or without a background check.

**Mtbkski** · September 29th, 2013, 10:04 AM

I tell my buddies all the time to "buy" anything they want to keep the rest of their lives BEFORE they get married.

Anything purchased WHILE married is considered property of both parties. No matter whose name is on what. This keeps an over bearing partner from buying the house, car, and everything else and just putting their name on it, and then filing for divorce and taking everything with them.

In short. Anything bought WHILE MARRIED is JOINT PROPERTY.

**Exbiker** · September 29th, 2013, 10:38 AM

Originally Posted by Mtbkski

Anything purchased WHILE married is considered property of both parties. No matter whose name is on what. This keeps an over bearing partner from buying the house, car, and everything else and just putting their name on it, and then filing for divorce and taking everything with them.

In short. Anything bought WHILE MARRIED is JOINT PROPERTY.

The ONLY way to avoid any issues is to have a real will drawn up and witnessed by an attorney. If it is divorce you are worried about have a pre-nup made up. Property is not necessarily just split and divided in half especially if kids are involved especially adult kids.