How to divide your things when you divorce or separate

There will probably be plenty of items around your home where it’s just a matter of common sense on who should keep them, such as personal possessions you each owned before moving in together, your clothes, or items that only one of you has any use for.

However, things can get more difficult when it comes to items you’ve perhaps bought together over the course of the relationship, or that you both want to hold onto. This may include sofas, beds, household tools or kitchenware, or shared collections you both treasure, such as books, music, or DVDs.

With these items, it’s important to take a practical approach if you can. Make a list, and discuss who should keep what between the two of you. This is when a compromise is really important – you have lives to live after you separate, so think about both your individual needs. If there is something which you bought or use a lot but you know that your partner needs more or is particularly attached to, letting them keep it is probably the right thing to do, and easier in the long run.

For things such as furniture, think about where you will both be living after the separation is completed. Consider whether one of you is moving to an unfurnished property and will benefit from these items more. You may have agreed when you bought a joint item of furniture such as a new bed that the other would buy the remaining share, minus wear and tear, in this situation anyway. If not, this could be a possibility, depending on your individual financial circumstances.

There may well, however, be things that neither of you want to give up. One solution here could be to write a list of them and take it in turns to choose from these until they’re all claimed.

In the case of a marriage, some couples sign a document before marriage known as a prenuptial agreement, or “prenup”. These are used to decide how assets will get divided in the event of divorce. If you and your ex signed one of these before getting married then you will need to refer to it during divorce proceedings.

Alternatively, you may have signed a cohabitation agreement if you lived together as an unmarried couple, which may also have detailed how items bought together, for example, may be divided in the event of a split. You can refer back to either of these documents to see if there is wording around this topic.

Author: wpadmin

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