May 22nd, 2016

Personal Property Division FAQ’s

1. How should we divide our personal property?
Most often couples should try to split up all of the furniture and other personal property in the house as evenly as possible.

2. How would we value our personal property?
You should not value your personal property based upon what you paid for the item. Even if you just purchased new bedroom furniture. You need to value the property as if you were trying to sell it on Craigs List. How much would someone pay you for that used bedroom furniture? That is its fair market value.

3. What if I don’t get one-half of the furniture?
You have two choices. You can say that I have everything that I want, and even if it isn’t exactly one half, I’m ok with that. Or, you can try to place a fair market value on the furniture you are getting and the furniture your spouse is getting. The amount that your spouse is getting more than you would be an asset that needs to be taken into account in the remaining division of the assets and debts.

4. Should I go to court to fight over the pots and pans?
Judges really don’t like you to do this. I once had a case where the parties were fighting over the personal property in court and the Judge awarded many pieces of the wife’s jewelry to the husband and many of his tools to the wife. I think she was trying to show them that she did not appreciate them bringing this fight to court.

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