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As a practicing family law attorney in Oakland County, Michigan since 1996, almost everyone I know asks me some sort of divorce related question at some point in time.  Recently a friend of mine facing a potential divorce had a lot of questions for me, one of which was "what happens with my hunting equipment" if I get divorced?  This blog is written to very generally address this question.  If you have questions regarding your own potential divorce or separation, you should contact us to schedule a consultation.

What Happens With Guns In A Divorce In Michigan?

Property division is an aspect of virtually every divorce or separation in Michigan.  A guns, if it meets the definition of marital property in Michigan, is subject to the equitable division of property in a divorce.  This means that if you purchased the gun(s) during the marriage, then most likely the same are considered marital property and subject to division.  Typically though the gun collection or single gun is not or cannot be divided, rather there is a value placed on the same and the other spouse is awarded other property equivalent to half of that value.  

However, if any particular gun was owned by one spouse before the marriage or if the gun was given as a gift to that spouse specifically, even during the marriage, then it should be considered separate property and awarded to the owner spouse without any offset of other property.  In just about every case, the non-gun owner believes the guns to be worth far more than the gun owner believes them to be worth.

Other questions that come-up regarding guns in a divorce typically regard the mental state of the gun-owner spouse or minors in the home and safety.  Michigan law now requires all guns to be properly stored and locked whenever minors are present.  The court also takes these issues seriously and will most likely err on the side of caution if the issue is brought to the attention of the court.  One typical solution in these instances is to have the guns stored outside of the residence with a trusted friend or family member until the divorce is finalized and the parties are able to move on.  If you are in fear of your safety, do not hesitate to call 911, safety is always the primary concern.

This blog was written to generally address what happens to guns during a divorce case in Michigan.  If you have questions regarding your own situation, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.