You and your spouse have decided to go your separate ways. Now what? One of the more urgent tasks you’ll need to complete involves dividing your personal possessions. Dividing significant assets and liabilities can take a great deal of time and effort. But, if you and your spouse hope to keep your divorce process amicable, dividing your household goods should hopefully be a process that, while painful, is less tense than some other aspects of your split.
Generally speaking, a thoughtful and strategic approach can make the process smoother and more equitable than it might otherwise be. To start, you’ll want to make a distinction between possessions that are separate property (generally, that which has been gifted to each individual uniquely, property owned prior to your marriage and inherited property) and possessions that are marital property. Separate property should remain with its owner, marital property should be divided fairly.
Dividing possessions that are part of your “marital estate”
Once you’ve set aside items that are clearly yours (and your spouse’s) alone, you will likely want to compile a detailed list of all marital possessions, including furniture, appliances, electronics, jewelry and other items of value (financial and/or sentimental). For each item, note when and how it was acquired and its approximate value. This inventory can provide a clear starting point for negotiations and help to ensure that no assets are overlooked.
As you make your list, decide which possessions are most important to you. For example, sentimental items like family heirlooms or practical items like your primary vehicle may take priority. Focus on the assets that matter most and be willing to compromise on less significant items.
At the end of the day, it’s easy for emotions to cloud judgment during property division. Try to approach the process with a practical mindset, avoiding unnecessary arguments over minor items. Engaging in contentious disputes can delay the process and make it less likely that you’ll retain ownership of things that you really want and/or need.
