Question:  I live in Atlanta with my husband and 2 children.  He's been verbally abusive and he once tried to choke me in the shower.  He says I'm stupid and that I only married him because of his money.  He calls my daughter names and says she'll be pregnant soon. She's only 13!  When he drinks he even calls my parents' cell phone and says they are “rednecks” and other names.  He grew up in Buckhead and his father was a doctor at Grady Hospital and his mother is an art dealer in midtown Atlanta.  My dad worked in Cumming and had a collection of hunting paintings and beer cans.

I know we'll be divorced soon and I'm worried about money.  I didn't go to college because I got pregnant in high school so I don't think I can get a good job.  I once worked at the Perimeter Mall and that's where we met.  My husband has a valuable gun collection that he put together during our 15 year marriage.  Will I get a part of the gun collection?  After all his bad investments like the donut shop on Peachtree Street and the car wash on Buford Highway I'm worried there won't be much left and our house in Buckhead is worth less than we paid for it.

Answer:  In a divorce action the court generally can determine the interest of each party in personal property. (O.C.G.A. § 19-5-13). A gun or weapons collection is personal property so a court can apportion ownership.  It is important that you prove that the firearms were acquired during the duration of the marriage and that it has value.  A good divorce lawyer will know how to present the proper evidence to the court.  Firearms can be of large value and they can be highly collectible.  With the valuation of all collectibles, it is important to locate experts who can precisely value the items.  You do not want to deprive yourself of the full and correct value of the collection.

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