I will ask her what the expiration date on the ticket is. She has possession of the ticket. I am not trying to keep the gun from him, I really don't want him to lose it for a dumb reason. I guess I could end up losing the $$ I spend to get it out of pawn, if said family court decides that. A chance I'm willing to take I guess. He seems willing at this point to do whatever is necessary to get it all over with and done. Thanks for the info.
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Originally posted by Ishi&Elvis View PostMy daughter and husband are divorcing. He took a gun to the pawn shop for some cash and put it in her name. She holds the ticket. If I give her the money and she takes it back out, who is the owner of that gun? Can she sell it? I've never gotten anything from a pawn shop and don't know anything about them. Please enlighten me. The SIL is the owner of the gun.
A pawn is a loan with collateral. You pay off your loan (pawn) you get your property back. A pawn does not in itself transfer ownership. If I have a car loan and my brother helps me by paying the last couple of notes, he doesn’t own the car. I might owe him money but that is a different issue.
If he did not own the gun to begin with and no consent to use if for the pawn, it sounds like theft.
A lot of “what ifs” come to mind but with this information, that is my opinion.
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I'd guess, because I'm no lawyer, that in Texas it's community property if the gun was bought during the marriage. If the pawn ticket is in her name, she has as much a right to the gun as he does. I can also guarantee that you got a ****load of bad information, one way or the other, in this thread.
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I'd guess, because I'm no lawyer, that in Texas it's community property if the gun was bought during the marriage. If the pawn ticket is in her name, she has as much a right to the gun as he does. I can also guarantee that you got a ****load of bad information, one way or the other, in this thread.
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I am not trying to keep the gun, neither is she. I just don't want him to lose the gun because he did something dumb. Divorce looks expensive. I have never experienced that. I want to get his gun and either give it back or have him earn it back. I'm not vindictive and neither is my daughter, just trying to do the right thing.
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In Texas, a pawn ticket is a legal document that gives the bearer of that ticket the right to redeem that item. Without that ticket, no one can pick up the item except the person who originally pawned the item. Without the ticket, the original pawner must sign a lost ticket affidavit and then they can redeem the item.
In some pawn shops, regardless of the law, they have a policy that no one except the original customer, with or without the ticket can redeem the item if it is a firearm. In any circumstance the person who redeems the firearm has to complete a 4473 and a background check will be run or in lieu of the background check the firearm can be released with a valid Texas CHL or LTC.
None of this conveys "ownership" only the right to redeem the firearm from pawn.
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Originally posted by curtintex View PostI'd guess, because I'm no lawyer, that in Texas it's community property if the gun was bought during the marriage. If the pawn ticket is in her name, she has as much a right to the gun as he does. I can also guarantee that you got a ****load of bad information, one way or the other, in this thread.
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