Divorce: Who Gets the China and Area Rugs?

In a matrimonial action, who gets the china and area rugs? The legal answer is as follows: if the specific property was purchased during the marriage, and it cannot be otherwise determined as separate property, then the litigants have an equal claim. The simple and most reasonable answer to the question is: whoever wants it. The fact of the matter is that if you are at a stage in the litigation where this type of question arises, you are likely seeing a
light at the end of the tunnel, and have resolved most, if not all, the significant
matrimonial issues.
In the grand scheme of things, and with the exception of those items
which may have sentimental or pecuniary value (the latter of which had
probably been appraised during the action), the division of same should be the
easiest and least legally costly of the divorce action. Despite this, and for
various reasons, this issue sometimes takes on a life of its own, and results in
increased legal expense and frustration for litigants, attorneys and even
judges. Undoubtedly, the last thing your attorney wants to inform a judge is
that the parties have not finalized their settlement agreement because they
cannot decide who is getting possession of the silverware.
During a divorce, the term "personal property" is distinguishable from
assets such as financial accounts or real property. Personal property is a broad
term which refers to items ranging from clothing, shoes, grooming items, pots,
pans and towels to artwork, statutes, and other collections. Essentially,
virtually all items, other than financial accounts and real estate can be deemed
personal property. Thus, the division of same can be overwhelming merely
due to the vastness of the items accumulated over the course of a marriage.
Unless there is a reason to divide the property prior (ie - a spouse
relocating from the marital residence), the distribution of personal property
occurs towards the very end of the litigation. Generally, each attorney will ask
his/her client to walk through the marital home and submit a list of those items
he/she wishes to retain. The attorneys will exchange the lists and engage in
negotiations regarding any disputed items. If all goes well, the litigants’
agreed upon items will be separately listed and annexed to the final settlement
agreement, and a timeframe for removing the items will be scheduled. At
best, if there is not an agreement on certain items, they can be sold and the
proceeds divided. Or, in the case of family photos and the like, duplicate
copies can be made at equal cost. At worst, court intervention may be
required. In those cases, Courts generally have little patience (understandably
so) for disputes regarding items of personal property, and will make no bones
about it.
With the exception of family heirlooms or sentimental items, there
should be no reason to engage in vigorous and costly arguments about
personal property. If the resolution of your divorce is being prolonged by the
issue of personal property, there may be several reasons that have little to do
with the disputed items themselves. Whether the difficulty lies with you or
your spouse, it may be worthwhile to give thought to the possible
impediments, and adjust your course accordingly, lest you expend more
money in legal fees than what the item is actually worth. Heated disputes over
personal property are rarely over the actual item itself. Often, if you find
yourself in this type of situation, it may be that your spouse is using the
dispute to prolong the litigation in order to remain close to you or, to punish
you for a perceived wrong. Unfortunately, in that circumstance, you may need
the Court to weigh in on the issue in order to provide stern and sound reason
to the other litigant.
In most cases, personal property can be replaced. It is not something
that should interfere with the resolution of a divorce and the continuation of
your life. In fact, it may be an opportunity to refresh your surroundings to
represent your new beginning. Out with the old and in with the new.