Top 10 Divorce Personal Property Division Tips

Aug 8, 2012 by

1. Each spouse in a divorce should make their own inventory of personal property and household items in order of their priority to that person.

2. Both spouses will save money by dividing as much personal property as possible by prior mutual agreement without involving the services of attorneys in the process.

3. Set aside a list of any property that cannot be agreed upon to be dealt with later.

4. Property divisions proposed by both spouses in agreement are less likely to be overturned in court if they are based on real world needs and not simply desires.

5. Inconsequential items are best divided by both spouses in agreement as the cost of replacement is likely to be exceeded by the bill for professional help in negotiating their disposal.

 6. Courts will seldom overturn mutually agreed property splits based on reasonable and verifiable needs of caring for children in the home.   

7. Personal property in the form of gifts from other family members should be divided according to the “side” of the family they originally came from.

8. Personal property in the form of gifts given between divorcing spouses should remain with the original person to whom they were given.

9. Do not confuse the sentimental value of personal property with its actual cash value which is usually less than anticipated.

10. Pets are considered personal property, but like children, they should be treated as living creatures with needs and preferences and divided according to what is best for the pet(s).

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