My ex and I didn't divide up

Guest — Thu, 20 Mar 2008 11:09:03 -0400

My ex and I didn't divide up our personal property..I took it all, except for a tv, a pan and his dog. When he mentioned that to our lawyers, mine stated that he cashed in his 401k without my signature, so he should have plenty of money to buy all new

Divvying Up Everything from Family Silver to DVDs During Divorce

Janell Weinstein — Thu, 20 Mar 2008 07:36:04 -0400

Warning: If you are arguing over who gets the "Endless Love" CD or a hairbrush, you and your soon-to-be ex-spouse are spiraling out of control. Yes, your "stuff" may have great sentimental value. And yes, telling your soon to be ex-spouse that you want something that you know he or she will want—just to annoy them—may give you some sense of satisfaction at the time. But you have to stop and regroup.

It is very important that you take a practical approach when dividing up your marital "stuff" (or as we lawyers like to call it, "personal property"). It makes no sense to spend more money on attorney's fees or appraisal fees than your "stuff" is worth.

The most effective approach is for you and your soon to be ex-spouse to make a list of what you want to take with you after the divorce. Exchange your lists and negotiate the items you both want. In this day and age of technology, this is no reason to fight over photos anymore...just make copies. And when it comes down to the fishing pole, just give it to him. You can even flip a coin for the unresolved items, especially if these items do not have substantial value.

If you have personal property of great value and you cannot agree on the value and how to divide the items, you will have to get them appraised. You will incur appraisal fees and probably counsel fees in order to resolve the issue.

In most jurisdictions, if you brought personal property into the marriage, these personal items will be considered separate property and not subject to division. If you purchased items during your marriage, these items will be considered marital property, and are subject to division.

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My ex and I didn't divide up

Divvying Up Everything from Family Silver to DVDs During Divorce