divroce selling householdl items?

Question

im getting a divorce from my husband of 3 years and im unsure of the procedure of spilting our houshold items can anyone shead some light on this

Answer 1

Okay it usually works like this. The two of you will sit down and come to some sort of aggreement about your assets and how to divide them between the two of you. One of the first things is items you each owned and brought to the marriage prior to getting married. Say the dinning set you had in your old apartment or the dresser that was his when you met him. These items are normally considered not to be a marital asset but belong to the person who had them initially. Sometimes though items can be considered a joint asset even if you had it before you got married. For example the stereo that you had might be a joint asset if he sold his stereo when you moved in together. Also the couch that he bought for the living room in your new apartment when you two decided to get married might be considered a joint asset as he purchased it for the apartment that you would share together. Generally your clothes will also be considered your personal asset unless you have invested a substantial amount of money into your wardrobe. Now as far as joint property the courts want to see you divide things evenly amongst each other if at all possible. You might decide to keep all of the dishes and pots and pans and in exchange he would ask to keep all of the tools and the lawn mower. So long as you agree to what the other person gets to keep it is no big problem. Some items become harder to split equitably among the two of you. Let's say you have a 15 year old beater car that is worth $500 and he has a 4 year old coupe that is work $8,000. He would either have to provide you with additional items from your joint assets equalling the difference in value or provide cash from your savings to make up the difference. If you have insufficient assets to cover the difference then your lawyers would work out that you will sell the coupe and split the money between the two of you. The more you can agree on spliting between the two of you ahead of time the better it will be for each of you, it will take less of the lawyers time and reduce your attorney's fees. Every state is different so you should talk to a lawyer in your area. Most divorce lawyers will talk with you free of charge for your initial visit and consultation.

Answer 2

When I got divorced (UK, ten years ago, fairly amicable and no kids) it was really straightforward and no different to splitting had we just been living together. We tried to be as reasonale about it as possible.

I was moving into a furnished rental so he kept things like the sofas and beds. I took my personal items (cds, records, clothes, paintings) obviously. Wedding presents we divided along the 'whose friend/family member bought this' unless it made no sense - for instance most of the dinner service was bought by his family so I let him keep the bits bought by mine in return for some bits and pieces I wanted.

I'm sure that financially he came out with a higher value of stuff but I got the bits that I really wanted and I was happy.

Answer 3

If you don't have anything in writing on who gets what, what I've always read and been told is to try and split everything down the middle. If you have things you brought into the marriage; they belong to you; and vice versa. Things purchased between the two of you should be divided up. If you both are civil; you can always ask what he thinks; if you aren't; maybe consult your attorney to see what he/she thinks. Usually divorce papers will state specifically who gets what; even if it's a decree (where no one is sueing the other) type of thing.

Answer 4

If you and your husband can get along with each other, the easiest thing to do is to just go through everything and decide who gets it. If the court does it, they will have someone appraise the value of everything and then do separate appraisals for the stuff each of you have and then one of you will have to pay the other to balance the totals out. If you can split it all on your own and be happy about it, then you just tell the judge that the personal property has already been divided and he will not get in volved at all.

Answer 5

Divorce is always painful and especially when your dividing things up.First of all write a list of everything that was yours when you moved in together then make a second list of everything you required together and both decide amicably who gets what.If this proves difficult or your both unable to decide try asking your solicitors as they have done this kind of thing a million times and could probably have some other suggestions and ideas..............good luck.

Answer 6

Why don't you decide between you if it is amicable. If not the general rule of thumb is that anything your family bought as a wedding present is yours and anything his did is his. Anything else you will have to agree between you. The law does say that 'possession is nine tenths of the law' so if he is the one at fault you could always take what you want and he can't do a thing about it! Bit sneaky I know.

Answer 7

I had a very simple way of working this out
If it reminded me off him, then, it was his.
If it made me think of what I loved,cherished and would fit into my future, then it was mine.
SIMPLE don't let go off anything you really want.
Otherwise, get a good Divorce Lawyer and be prepared to pay.

Answer 8

if yous are on speaking terms try and divide things equally, you get the cooker he'll get the fridge and so on, that way yous will both have to buy equal amounts of goods for your new homes, unless children are involved where you should really get the bulk of things so you can carry on caring for them.

Answer 9

basically unless it is personal items, everything should go 50 50 . your best bet would be o get legal advice.if you are selling items it would be an idea to try and get reciepts.

Answer 10

i say each of you take what you want of the items then sell the rest and split the money its fair