Asked 7/8/2016 – San Antonio, TX

I’m in Texas. My wife and I separated 4/27/16. I tried to retrieve my personal property that day and noticed 6 rifles, 4 of which were mine before our marriage, were gone. Her mother told me she had them moved for her safety to a safe place (though she kept her 2 handguns in the home still). I emailed her on 4/28/16 asking for them back as they were mine and registered to me. She refused In a reply the same day citing they were community property and would decided by a judge. Knowing well that they weren’t and I would get them back by the judge, I let it go as she’s been hostile and violent. A month or so later, my lawyer tells me she claims to have sold them and produced a bill of sale. It states she sold them to a close friend of hers dated 4/30/16, 2 days after she refused to give them back citing community property (incorrectly). Additionally, the bill of sale shows her as the buyer (my wife) and her friend as the seller, and separately where you sign they signed the same way. I doubt money exchanged hands and they did it for appearances till the divorce is over so she can get them and keep them herself. Can charges be brought against any or both parties? Criminal charges only.

Answer

The transfer of property during a divorce is a family law questions, not a criminal law question. Law enforcement will not get involved because if the guns in question are community property, your wife has as much right to them as you do. Police are not in the business of dividing marital property. You will have to resolve this matter in the divorce.