Dividing the Stuff: Dividing Personal Property in a Divorce Without Losing Your Cool

Dividing the Stuff: Dividing Personal Property in a Divorce Without Losing Your Cool

For many people, dividing personal property in divorce ends up being harder than dividing money.

It surprises them.

The house, the retirement accounts, even support can feel abstract. The furniture, dishes, artwork, photos, and small personal items are not. Those things lived with you. They witnessed the relationship. They carry stories. The house is the marriage museum.

I have seen couples who resolved complex financial issues fairly quickly, only to grind to a halt over pots and pans, the washer and dryer, or a box of knick-knacks collected over years of shared life. Often the items themselves are not especially valuable. What they represent is.

A piece of artwork recalls a trip taken when things were still good. The silver marks a milestone anniversary. A small figurine was a gift from a child. By the time people reach this stage of divorce, they are already emotionally spent. Dividing personal property can reopen grief in a very tangible way.

Below are some practical guidelines that consistently help people move through this part of the process with less conflict and less expense.

Start with realistic values

When dividing personal property in a divorce, courts generally value household items at garage sale value. That is a useful reality check.

Unless you own rare artwork, high-end antiques, or something truly unique, most household items have limited resale value. Emotional meaning can quietly inflate perceived worth, which makes agreement harder. When in doubt, ask a simple question: what would a neutral third party realistically pay for this item used?

Keeping values grounded helps keep conversations grounded.

Handle most items without lawyers

It rarely makes sense to involve attorneys in deciding who gets the couch, the coffee maker, or the bath mat. Legal fees add up quickly, and disputes over dividing personal property in a divorce can consume time and money out of proportion to their importance.

For high-value or unusual items, professional guidance can be appropriate. For most household property, people are better served handling it directly or with the help of a mediator or coach.

Create an inventory before dividing anything

Before decisions are made, it helps to know what actually exists.  In other words, it helps to define the pie before dividing the pie.

Some people prefer a written list. Others find it easier to walk through the home with a phone or camera and record each room. That record can then be used to create a list later. The method matters less than having a shared reference point.

When dividing personal property in a divorce, an inventory reduces suspicion and keeps the process organized.

Use a simple sorting system

One approach that works well for dividing personal property in a divorce is to sort items into clear categories:

  • Items one person will keep
  • Items the other person will keep
  • Items to sell and divide the proceeds
  • Items to donate or discard

Notice what is missing. There is no category for items people cannot agree on.

When agreement is impossible, selling or donating the item is often the cleanest solution. Another option is taking turns choosing disputed items until they are gone. For highly sentimental objects, some couples choose to pass them on to their children.

The goal is progress, not perfect fairness.

Make a plan for photos and videos

Photographs and videos deserve special care.

I often recommend setting a date when both people will make photos and videos from the marriage available to each other. Each person can then choose what they want duplicated. With current technology, scanning and digital copying are relatively easy and affordable. Sharing duplication costs evenly tends to feel fair.

This approach allows both people to preserve memories without turning them into bargaining chips.

Understand how the law treats pets

Many people are surprised to learn that, legally, pets are considered property. Courts generally have limited patience for extended pet disputes and may order outcomes that satisfy neither person.

Because of that reality, it is usually far better for people to work out pet arrangements themselves. Focus on the animal’s needs and daily life rather than ownership language. Doing so often leads to better outcomes for everyone involved.

Take extra care when safety is an issue

In cases involving domestic violence or restraining orders, dividing personal property requires additional planning.

Direct contact may not be appropriate or allowed. Attorneys, mediators, or agreed-upon third parties can help coordinate inventories and exchanges. Legal orders must be respected, even when emotions are high or items feel urgent.

Dividing personal property in a divorce isn’t worth compromising safety or violating court orders.

See the opportunity in the process

Many people eventually describe dividing personal property in a divorce as unexpectedly clarifying.

Letting go of objects tied to an old chapter can create space for something new. When the process is handled thoughtfully, it can feel less like a loss and more like a transition.

If the emotional weight becomes overwhelming, a divorce coach or neutral professional can provide support at a fraction of the cost of extended legal conflict.

Dividing personal property does not have to become another battleground. With patience, structure, and realistic expectations, most couples can move through it with minimal professional intervention.

At the end of the day, these are things. How you handle them will shape how much conflict you carry forward.ips to divide personal property, san diego divorce, san diego divorce attorney, Shawn Weber, san diego divorce mediator

How can we divide personal property without going crazy?

Sometimes it is most difficult in divorce cases to divide personal property -the “stuff” accumulated over the years of a relationship. When people share their lives with each other, they also share and accumulate a lot of personal property. Sometimes the task of dividing the household furniture, furnishings and appliances can be a real struggle. Not only can it be difficult to physically divide and value the assets, it can be a real emotional rollercoaster.

I mediated for a divorcing couple recently, who had their most difficult struggles dividing the pots, pans, furniture, washer, dryer, stereo and those little knick-knacks they picked up at the swap meet over the years. Worse they were on the “pack rat” side of things so they accumulated a lot of things together. Each item represented something important. One piece of artwork reminded them of their romantic vacation in Mexico. The silver they had purchased together to celebrate their 25th wedding anniversary. The little statuette on the mantel was a gift from their child. All through the house they saw many symbols of their relationship and all that they had invested in each other. As a result, a task to divide personal property was extremely painful.

Here are some tips to help you divide personal property:

Understand that the court would only award a household asset at garage sale value.

divorce, personal property, divide personal property, san diego divorce attorneyUnless it is a Steinway Grand Piano or a rare piece of artwork, the chances are high that your stuff is not worth nearly what you may think. While you are looking at the values of things, think of what you would, as an objective outsider, pay for the item at a garage sale or a flea market. Be careful not to allow emotions to “inflate” in your mind the value of the flatware or the coffee maker. Yes we know that the teddy bear collection is absolutely adorable, but honestly, what would a third person really want to pay for it. Use common sense and don’t allow your emotions to cloud things for you when you divide personal property.

Do it yourself.

It is really not cost effective to pay your attorney $300 plus per hour to fight about who gets which couch or who gets the bath mat. If it’s a high dollar asset such as expensive artwork or collectable antiques, you may want to use your professionals. But, for most things it makes more sense to save the money and do it yourself.

Do an inventory first.

It’s a good idea early in the process and before you start dividing things to make a list. If time is a problem, I often recommend going through the house with a video camera and speaking about each item as you tape. You can then go make your list later.

Make a list to divide personal property.

In fact, make several lists. I suggest four columns. Column 1 means he gets it. Column 2 means she gets it. Sell everything you list in column three and divide what money you get equally. Column 4 is for those things in your closet to throw away or donate like the polyester suit in the closet, your old beta video tapes or the pile of Louis L’Amour novels that you haven’t read in twenty years. Notice, I am not including a list for items about which you cannot agree. I am a big believer in using the old Solomon method. If you can’t agree on who gets it, then sell it or donate it. You simply can’t afford, for most items, to spend the time arguing and spending money on your attorneys. One idea, if you are stuck, is to just take turns picking items you can’t agree on until they are gone. Another idea is to give extremely sentimental items as gifts to your children.

Make a plan for photographs and videos.

I recommend that you choose a date when each of you will make photographs and videos taken during the marriage available to the other. The person making the photograph or video available will allow the other to choose which ones he or she would like to duplicate. There are services available that can duplicate photographs and even restore some of them for you for a reasonable fee. You can also convert your old vhs to digital so that you both can keep a copy of your videotapes with yourselves. With today’s computers, scanners and printers, you might be able to do a lot of this yourselves. Each of you should share equally in the duplication costs.

Pets, according to the law, are property.

I have had many clients tell me how their pets have become nearly as important to them as children. They are often surprised to learn that the court deals with them not as living things so much as property. Few courts will entertain a pet “custody battle.” Remember, a court has the ability to truly play Solomon with your pets and order them sold. I advise parties to do everything they can to work it out relating to the pets. Do everything possible to consider your pets’ needs and do what is best for them rather than allowing them to become an issue of property division.

Be careful if there is a history of domestic violence.

In cases where there has been domestic violence, sometimes it is difficult to sit together and divide personal property. In such instances, it is probably advisable to go ahead and use your attorney as at least a go between. Naturally, if there are restraining orders in place, it would be impossible to meet face to face. But the same ideas described above apply. It is just you will need to make arrangements to inventory the house without the other being present and with proper legal arrangements. Don’t violate a restraining order just to get some stuff out of the house.

I have had many clients tell me that the process of dividing the personal items was a healthy cleansing process.

One client told me, it was nice to get rid of some of our old, useless stuff and start over for a fresh, clean break. If even after following these steps, a couple still finds it difficult emotionally, I recommend making use of a divorce coach, who can even come to your home while you do the division. Typically using a single divorce coach is much more cost effective than using your attorneys to divide household items.

If both parties approach the task to divide personal property with a fair, patient and open mind they will likely be successful in doing the division with little to no attorney intervention. The court’s are particularly happy when parties can reach agreements on their own. Parties should be careful not to allow the division of things bring unnecessary conflict. Remember, they are just things and not people.

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Will I Be Able To Keep The House in the Divorce?

Will I Be Able To Keep The House in the Divorce?

Many folks express a desire to keep the house in the divorce.

This is usually done by buying out the other party’s interest in the residence. This involves not only paying off the former spouse for his or her half of the equity, but usually involves a refinance to move the mortgage into your name only. While keeping the house may sound like what you want, it is very often a poor decision. It won’t be helpful to make yourself house poor to keep the house. Here are some points to consider when considering whether it’s a good idea to keep the residence or not:

To keep the house in the divorce is probably not about the kids.

While you may be thinking that the kids will need you to keep the house in the divorce, the reality is that it is often not true that a move will harm the children. Surely the kids won’t benefit if you put yourself into bankruptcy. Be careful that your thoughts and emotions are clear so that you are not allowing your own emotions and insecurities to cloud your judgment.

Don’t give away your retirement to keep the house in the divorce.

People will often try to find money in their retirement assets to trade for the residence buyout. While retirement may seem far away, it may be closer than your realize. Think twice about raiding your retirement. You won’t be able to enjoy your real estate in your old age if you can’t retire. Therefore, do not overdo it when it comes to keeping the house in the divorce. It may deplete your current savings.

Consider costs of sale.

If you sell your house as part of the divorce proceeding, you will be able to split the costs of the sale.  In the event you do a buy-out, you will be stuck with the entire burden of costs of sale should you choose to sell later. The Courts rarely give a credit to the person keeping the residence for potential costs of sale. Additionally, there are usually substantial points and fees required for a refinance.

Consider your cash flow.

Remember, owning a house costs money. Make sure after support, you have sufficient cash flow to maintain the residence, mortgage, property taxes, maintenance, HOA fees, etc. You don’t want to be in a situation where you are cash poor and unable to pay your bills.

Talk to a Certified Divorce Financial Analyst (CDFA)

Don’t rely on your lawyer for financial advice in making the important decision of whether to keep the house. You may find that it makes perfect sense to keep it, but make sure that you receive advice to help you plan for how you will do and how you will make keeping the house part of an overall strategy for your future. Hire a financial professional to get the best advice you can.

Many of my clients do choose to keep the house in the divorce. I feel better about those clients who consider the question carefully and weigh all of the relevant information before making a choice.

Love and Real Estate: Family Law Attorney Shawn Weber’s 3rd Appearance on San Diego AM 1700 ESPN Radio on “The Real Estate Radio Hour”

San Diego Mediator Shawn Weber the Dolphin Lawyer on ESPN Real Talk San Diego talking about mediation

The “Dolphin Lawyer” Shawn Weber

I was happy to make another appearance on the Real Estate Radio Hour on San Diego AM 1700 ESPN Radio.  This time I was able to talk to hosts Ryan White and David McElveen about Collaborative Divorce, Mediation, deferred sale of the family residence and “nesting” where the kids get the house and the parents pack their bags instead of the kids.  It’s a lot of fun to sit down with Ryan and David to talk about “Love and Real Estate” — especially right before Valentine’s Day!

Give it a listen and let me know what you think!

Here’s the link to the podcast: View in iTunes

Real Estate Radio 2013-02-12