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POTS, PANS, AND
THE PICKLE JAR:
WHO GETS THEM?
The Parenting Plan is in place, there is a child support
order being paid, and the retirement accounts have all been
divided. The only thing left is the personal property, the
"stuff" that is accumulated during a marriage, such as
furniture, televisions, computers, photographs, books, memorabilia,
pots, pans, and dishes. In most cases the children's clothing,
personal possessions, and their bedroom furniture remain with the
children. Dividing up the other items may be problematic, as
each Party wants the same items. Unless the Parties have
valuable collections, artwork, jewelry or similar items, the Court
will not likely become involved.
Each Party will need furniture and other items to
establish and furnish his/her home after the divorce. There is
an expectation that the Parties will share those items. For
example, if there were a dining room set and a kitchen set, each Party
would get one set. Four televisions? Each gets two
sets. If you cannot decide who gets exactly what television
set, or couch, you can have a system whereby one Party makes the
first selection, and then the other Party picks, until all items have
been allocated. Photographs are easily shared, as one Party can
either make a CD of the digital photographs, or if they are not
digital, take the photographs to be copied, to obtain his or her own
set.
If there is a family heirloom, like that vintage pickle
jar from Aunt Peggy, it usually goes back to the spouse related to
Aunt Peggy. Therefore, the division of personal property may be
equitable, but not necessarily equal in value or otherwise. If
the Parties cannot agree as to how to divide the property, and/or
there are antiques, newly bought electronic equipment, or numerous
wedding gifts, it might be advisable to have an appraiser or
auctioneer value the property to help move the process along.
Don't expect the Court's assistance in this area. Also,
remember that if there are two attorneys involved, you could easily
spend more time arguing over who gets what, and incur fees well in
excess of what that pickle jar or couch is worth!
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