One of the most difficult aspects of a separation is dividing the personal property that spouses have made, collected or purchased while together. It can be an exhausting and contentious process. This is one reason why it may be the last issue for the separating parties to resolve. It\u2019s generally in no one\u2019s interest to have lawyers counting cutlery and taking stock of personal items like albums, kitchenware and used furniture. Cost aside, third-parties lack the perspective needed to value personal items. While personal items may have a quantifiable and objective value,\u00a0 the value ascribed to them by the parties is subjective and intertwined to their emotions, needs and interests, as they define them. A basketball, whether game-used and signed by Michael Jordan or merely dribbled on the family yard, can carry substantial emotional value.<\/p>\n
There will be situations where at least one of the parties needs outside help and potentially a lawyer’s assistance in dividing personal property such as, situations where there is a power imbalance or undue influence that one party holds over the other. In such circumstances, lawyers can play an important role in overcoming communication barriers between the parties. That said, where appropriate and feasible, parties should be encouraged to divide personal property absent third-party, particularly lawyer, assistance. If you can, save your legal budget for advice on issues like child support, spousal support, and dividing pensions, investments and the matrimonial home.<\/p>\n
Sometimes, a dispute may arise not centered on the issue of \u201cwhat do you want?\u201d, but, rather, \u201cwhat do you not want?\u201d This is especially true where there is a cost of disposition for the items to be retained, such as a full garage where there is a cost to cleaning up and claiming items. A helpful way to overcome this, is to have the parties agree, in advance of beginning the process of property division, to share the cost of disposition equally.<\/p>\n
There are an endless variety of methods for how parties could agreeably divide personal items. There is no \u201cbest method\u201d. The following method is one suggestion for dividing personal property in circumstances in which the parties cannot agree and wish to settle personal property division without outside help:<\/p>\n
Modified Flip A Coin Approach: <\/u><\/p>\n
1.\u00a0 Before beginning, the parties should discuss the process in general as described below and set out the terms to follow<\/p>\n
2. Take stock of inventory<\/p>\n
3. Flip a coin<\/p>\n
4. Variation- Objections<\/p>\n
5. Once the parties get through the first list and all objections have been made, move onto the 2nd list and start the process anew<\/p>\n