What can I do to get the ownership of the gun I purchased from my husband? 8 Answers as of May 19, 2014

My husband (of 2 1/2 years) and I recently separated. I had to file for an emergency ex-parte. He got an attorney and fought it and the 1 year ex-parte was not granted. He turned in some guns, (two of which I purchased and are registered in my name). He has now filed a motion to get his guns back. I also filed to get the two in my name back, as he would not return them to me when asked. He said they were a gift. One was purchased a year before we were married. Do I need an attorney to fight this? Do you have any suggestions on how to handle this at the hearing? I have the paperwork showing the purchase in my name. He kept them in his safe and took them when he took other items that also did not belong to him. I would like these returned to me. Suggestions are very much appreciated.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
So, rather than just walk away, you want to fight about guns?
Answer Applies to: Georgia
Replied: 5/19/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Its is almost always helpful to have an attorney in situations like this.
Answer Applies to: Michigan
Replied: 5/2/2014
John Russo | John Russo
You are not a lawyer so to ask whether or not you need an attorney is obvious, can you explain to me the theory of relativity and how it works? No, why? Because you are not a scientist, can you tell me how the human mind works and all the separate functions, and the why of those functions? No, why? Because you are not a physician. The law is not just filing paperwork out and then talking to a judge , but yet more and more people are attempting it and then when things go south, the judge is stupid, the law is unfair, no one told me that, etc,etc,etc. The law is a very complicated area requiring special education requirements plus years and years of practice, and yet you want to know how to do something so you can go do it, not knowing all the ramifications of a single action, and how to deal with them on the fly. YES YOU NEED COUNSEL!
Answer Applies to: Rhode Island
Replied: 5/2/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes get a lawyer and counterclaim for the guns to go to you.
Answer Applies to: Michigan
Replied: 5/2/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If you want it done right, get an attorney. If the guns were a gift, then they belong to him. Since they are registered in your name, he will have to prove that. These are the kind of issues that make family law interesting.
Answer Applies to: Idaho
Replied: 5/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I believe you will have to petition the court as well, need a divorce especially if he is abusive and therefore need an attorney. You should have your weapons returned to you, they are yours if they are registered in your name. Both your and his guns will probably be part of the marital estate in the divorce.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes you should bring the paperwork to court
    Answer Applies to: Georgia
    Replied: 5/2/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    An attorney appearing on your behalf is always a good consideration. Gather all the proof you can; serial numbers, registration documents, purchase receipts, etc., of the your guns you claim and bring them with you to Court as EVIDENCE supporting your claim. Good luck.
    Answer Applies to: Florida
    Replied: 5/2/2014
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