POTS, PANS, AND THE PICKLE JAR:

WHO GETS THEM?

The Parenting Plan is in place, there is a child support order being paid, and the retirement accounts have all been divided.  The only thing left is the personal property, the "stuff" that is accumulated during a marriage, such as furniture, televisions, computers, photographs, books, memorabilia, pots, pans, and dishes.  In most cases the children's clothing, personal possessions, and their bedroom furniture remain with the children.  Dividing up the other items may be problematic, as each Party wants the same items.  Unless the Parties have valuable collections, artwork, jewelry or similar items, the Court will not likely become involved.

Each Party will need furniture and other items to establish and furnish his/her home after the divorce.  There is an expectation that the Parties will share those items.  For example, if there were a dining room set and a kitchen set, each Party would get one set.  Four televisions?  Each gets two sets.  If you cannot decide who gets exactly what television set, or couch, you can have a system whereby one Party makes the first selection, and then the other Party picks, until all items have been allocated.  Photographs are easily shared, as one Party can either make a CD of the digital photographs, or if they are not digital, take the photographs to be copied, to obtain his or her own set. 

If there is a family heirloom, like that vintage pickle jar from Aunt Peggy, it usually goes back to the spouse related to Aunt Peggy.  Therefore, the division of personal property may be equitable, but not necessarily equal in value or otherwise.  If the Parties cannot agree as to how to divide the property, and/or there are antiques, newly bought electronic equipment, or numerous wedding gifts, it might be advisable to have an appraiser or auctioneer value the property to help move the process along.  Don't expect the Court's assistance in this area.  Also, remember that if there are two attorneys involved, you could easily spend more time arguing over who gets what, and incur fees well in excess of what that pickle jar or couch is worth!