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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Getting a divorce and the spouse took all marital property

Customer Question

getting a divorce and the spouse took all marital property and or sold my question is I have 2 guns that was purchased while still in high school well before I married and when she left she took them that is the only thing I need back do I file contested and hope that it is not marital property or uncontested and just not even bother fighting for them back my issue is I owned them as a young boy and got married at a grown man so how do I proceed
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.You would file contested, if the spouse is not agreeable to the divorce. The marital property is an issue that would come up whether filed contested or uncontested. I suggest you can file the divorce, have her served with the Divorce Complaint and then begin the discussions about the marital property being divided and things like your guns- which are separate property - yours alone, not hers at all being returned to you.
Expert:  Samuel II replied 1 year ago.
Here is a Link for the forms you will need to file the divorce. Anything you owned prior to the marriage is your own property, as you note. And so the guns do belong to you. I suggest, it is good you made a police report even though they cannot help you with this. But at least the report has been made and it is known they are not in your possession should they be used in some sort of criminal activity - for instance they are stolen from her.

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