Practical Tips for Dividing Personal and Household Items During a Divorce

Dividing a shared life involves many emotional and logistical challenges, and one of the most personal is the division of household and personal belongings. While these items may not hold the same monetary value as a house or retirement account, their sentimental worth can make this process difficult. A structured and fair approach can minimize conflict and help both parties move forward.

This blog post offers practical advice on how to navigate this task. We will cover:

• Strategies for creating a comprehensive inventory.
• Methods for fair and equitable division.
• The legal distinction between marital and non-marital property.
• The role of legal guidance and mediation in resolving disputes.

At WARD FAMILY LAW, LLC, we provide the compassionate and experienced legal counsel you need to manage every aspect of your divorce with clarity and confidence.

How Can We Fairly Divide Our Belongings?

Fairness is the ultimate goal when dividing personal property. The first step is to create a comprehensive inventory of all items. Walk through your home together, if possible, and list everything from furniture and artwork to kitchenware and electronics. This shared document becomes the foundation for your negotiations. Once the list is complete, several methods can be used to divide the items:

1. Take Turns Choosing: One of the simplest methods is to take turns selecting items from the inventory list. A coin toss can decide who goes first, and you can alternate choices until everything has been claimed.
2. Assign Monetary Values: For a more balanced approach, you can assign an agreed-upon “garage sale” value to each item. Each person gets a “credit” equal to half the total value and can “buy” items from the list until their credit is used.
3. Use a Spreadsheet: Create a shared spreadsheet with columns for each spouse to indicate their desire for an item. Items that only one person wants are easily allocated. For disputed items, you can negotiate, trade, or use another method to decide.

What Is the Difference Between Marital and Non-Marital Property?

An essential legal concept to understand is the distinction between marital and non-marital property. In Illinois, “marital property” includes nearly everything acquired by either spouse during the marriage. This is the property that is subject to division. In contrast, “non-marital property” includes items acquired by gift or inheritance to one spouse, or property owned before the marriage. These items generally remain with the owner spouse, provided they were not commingled with marital assets. For example, if an inherited piece of furniture was used in the shared home for years, its classification could become more complex.

What Should We Consider When Deciding Who Gets What?

When negotiations become challenging, it helps to focus on practical and emotional considerations. Who uses the item more? Who has a stronger sentimental attachment? For items related to children, such as their bedroom furniture, it is best for those items to remain with the parent who will have the majority of parenting time to provide the child with stability.

If you and your spouse cannot reach an agreement, it is important to remember that Illinois is an equitable distribution state. This means a court will divide marital property in a way it deems fair, which is not always an equal 50/50 split. The court considers many factors, but litigation over personal items can be costly and emotionally draining.

The Importance of Professional Guidance

Navigating the division of personal property can quickly become contentious. Engaging in mediation can provide a neutral environment to resolve disputes constructively. A mediator can help facilitate communication and guide you toward a mutually agreeable solution without court intervention.

The attorneys at WARD FAMILY LAW, LLC, have extensive experience in both negotiation and litigation. We can help you understand your rights, differentiate between marital and non-marital assets, and advocate for a fair division. Our goal is to protect your interests while minimizing conflict, allowing you to close this chapter and begin the next with confidence.

Contact WARD FAMILY LAW, LLC, today to schedule a consultation.