If the judge signs all my divorce paperwork and I put down that I have possession of my ex’s guns and he doesn’t contest it, doesthat make them legally mine?

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If the judge signs all my divorce paperwork and I put down that I have possession of my ex’s guns and he doesn’t contest it, doesthat make them legally mine?

Asked on January 11, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The judge's final order controls who gets what in any divorce proceeding.  Some orders tend to read somewhat generically, like "all property in Spouse A's possession is awarded to Spouse A."  This can lead to some confusion if there is property that could be hotly contested.  The better practice is to specifically itemize property at some point so there is no confusion about who has what in their possession.  This means that if the guns are listed as yours in the paperwork, your husband signs off on the order, and the judge approves the agreement, then your ex' has waived any future interest in the property and the guns are yours.


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