So Australia is not a place of communal property rights between married couples? Seems to me one spouse or the other could utilize the gun laws to royally screw over their partner during a divorce. After all if the guns are registered in one spouses name and the house is registered in that same persons name then by what rights does the person whose name is not on the house paper have a right to it? Guns are property, houses are property. AH to be a greedy banker in Australia during the death of an individual that owned a home that the bank had a loan on, it would revert to the bank as the surviving spouses name was not on the loan paper work.
Yeah, it's a strange one.
The guns are treated differently to other property though. On my death they still become her possessions, are hers to sell, but she cannot access them as she is not licensed. Someone else has to.
On many occasions spouses screw over their partner over the guns. Mostly it is women calling the police saying he threatened me and the police come along and remove the guns. In that case it is extremely unlikely that person will get them back and if so they are often ruined. Rusty etc. It's retarded as no evidence of said threatening needs to happen.
With respect to the house. If owned in one name but mortgaged a will is prepared and it's left, via that legal instrument, to the spose, or whomever they choose. Of course, the mortgage goes with it and that new owner will need to buy it or obtain finance to secure it.
If owned freehold the title just transfers to whoever it is willed to after the probate process is completed, and claimants to debt held by the deceased make their claims throughout that process and the estate is drawn on to pay them. If guns are involved they are simply sold, by the appropriate people, and the funds are added to the estate. If the spouse wants to keep them they can, but have to be licensed appropriately.
So, it's complicated.
!ENGAGE 25
Confusing and complicated, seems like governments and people like it that way. At least it is not as simple as in some countries I guess. There is a lot I don't understand, but I like to think I think like a fair minded person most of the time and that situation just does not smack of being fair.
I think when it comes to firearms here the government want to make it as difficult as possible, long-winded and complicated. The process of obtaining a firearms license is that way and that's just for rifle. The process to get handgun licensed is harder again. It can take 18 months in total. They do that in the hope people give up.
ENGAGEtokens.