Tips for Dividing Your Personal Items in Divorce

 Posted on September 29,2024 in Divorce

In Michigan, marital property is to be divided in a fair and equitable manner. Whether you and your spouse are using divorce mediation to divide your property or asking the court to establish an equitable division, you will need to cooperate together to some degree. Even in a contested divorce, it would be wildly impractical to have the court distribute every single item in your household; the most scorned and vengeful spouses do not engage in litigation over who keeps the dish towels or artificial flowers you have sitting around the house.

If you are at home, take a brief look around the room and imagine asking the court to decide who keeps every last item in your direct line of sight alone. You can begin to understand how difficult the property division process is likely to be. If you are getting divorced, it is best to work with an experienced Novi, MI divorce lawyer to make sure the property division process is fair and your current and future interests are represented.

Each Spouse Keeps Personal Effects 

There are some items for which there can be no reasonable argument about who should keep them. Your clothing, personal grooming supplies, and other items that would only be used by you are almost certainly yours to keep. Agreeing about these basic personal belongings can be a good starting point if you are trying to settle a contentious divorce out of court.

Consider What The Children Need 

It is often a good idea to agree on a parenting plan before you divide household goods so that you can consider which items the parent who has the children most often will need. If one parent will have the children on all or most school nights, that parent will likely get the children’s bedroom furnishings. Other items, like a large dining table for family dinners or the rug that was purchased specifically for its stain-proof quality, may also need to stay with the parent who has the children most of the time.

Who Uses What? 

When you are negotiating with your spouse, it is usually best to acknowledge when a certain item is used almost exclusively by one spouse. If your spouse always uses the new commuter car you bought together, it is probably best to keep the status quo by sending the car with your spouse and asking to keep your share of something of equal value instead.

Let Sentimentality Play a Role 

Some items are likely to be sentimental for one party, but not the other. Let this play a role in your negotiations. If your spouse tears up at the thought of parting with the tea set she and her mother used to use together, and you would never want to give up the baseball memorabilia you shopped for with your daughter, you can likely reach an agreement even if these are very high worth items.

Contact an Oakland County, MI Divorce Mediation Lawyer 

Elkouri Heath, PLC is committed to helping spouses resolve their divorces out of court. Our experienced Novi, MI uncontested divorce lawyers have been serving local families for over 25 years. Contact us at 248-344-9700 for a complimentary consultation.