How do household items get divided in a divorce? Usually the big ticket items, like the house, car, and pensions can be valued and a fair settlement reached. For instance, the Kelly Blue Book price of a car can be used to derive a value and one party can pay the other party their half share.
Often, however, smaller household items are more difficult to separate - the three TVs, 2 sofas, 3 beds, 2 sets of cutlery etc. While it is possible for two parties to sit down and agree on a division, it can often be difficult to split possessions in the heated atmosphere of a divorce.
One way to ensure a fair division is the so-called A/B list. In this process, one party prepares two lists of items that he or she thinks may fairly divide the household assets. The other party is then free to choose either List A or List B. Parties are then free to exchange items on their respective list by mutual agreement.
Notice that this system means the list preparer will be unlikely to put all the “good stuff” on one list because if the list is unbalanced the list selector will choose that list. Thus the division is likely to be fairly even.
In my case, I asked for an A/B division and the judge ordered it. My ex then failed to prepare the list, was re-ordered to do so by the judge, prepared a list and then withdrew the list before trial. After a five hour trial, my lawyer suggested dropping the list all together because the judge was threatening to extend the trial into another day (perhaps postponing the divorce for another six months). I agreed in order to finalize the divorce on the day (and end extortionate temporary support payments) but received no household items (other than those in my possession that I had managed to throw in my car when I moved out.
I think this illustrates the dynamic nature of divorce proceedings and how a lengthy (and thus costly) legal process can sometimes trump other considerations (such as the right to half your household property).
June 3, 2008 at 12:24 pm
I could not agree with you more. The divorce process can get long and drawn out making for costly events for everyone involved. I know this is an extreme but it is still a perfect example:
http://www.firstwivesworld.com/relevant-news/rachel-small/should-the-ex-get-half
All my best,
AntonioFWW
http://www.firstwivesworld.com
June 9, 2008 at 11:20 am
Why not simply divide so-called “community” property on the basis of who actually paid for it? That is more or less how life is, now ins’t it.
June 9, 2008 at 11:36 am
Unfortunately (or fortunately depending on your situation) Nevada law says that all marital property is owned 50-50 - regardless of who paid for it. In my case, I mostly paid for it AND did not even get half. Moral: Don’t go to court looking for justice.
July 8, 2008 at 6:01 pm
I was married to a foreign national green card hustler for a very short time, she tried to pull the domestic violence routine when I told her I was filing for a divorce after a marriage of less than six months. The judge recognized this gal was a scammer and gave her a lump sum settlement of less than $10,000, mostly based on the fact she had a child to support. Before and during the divorce, this woman was under the impression that she was to get 50% of my assets as she would have in most other states. Because of Nevada law, she could not claim any of the assets I owned prior to marrying her, therefore I was able to protect my two homes, my retirement accounts and all of my personal property. Her only claim was to half the money, less monthly household expenses, that I earned while we were married. Had I been divorced in some other states I would have lost half of $500K in assets. The divorce was concluded after one day in court. I was a very lucky fellow indeed.