When a couple get divorced they will obviously need to sort out what happens to the contents of the former matrimonial home. Unfortunately, this can often be a fraught process, as they argue over who should have what. Here are a few tips that might help make things easier.
1. Difficult as it might be, every reasonable effort should be made to agree the division of the contents with your spouse if you possibly can. If you can’t agree with them direct, then try to agree through lawyers or via mediation. To help you reach agreement, it may be useful to prepare a schedule, setting out the items and their values (see point 3).
2. If you can’t reach agreement, then the court can sort out who has what, but this can be very expensive and time-consuming.
3. It may have cost a considerable amount of money to purchase the contents originally, but their current (second-hand) value is the value that the court will use, and that should be used in any negotiation. Unless you own antique furniture or other items of special value such as paintings, the current value of the entire contents is therefore likely to be minimal. Accordingly, you will not usually want to spend a substantial sum on legal costs arguing over the division of the contents.
4. If you do have valuable items then if they are not divided equally (see the next point) the party who receives less may be entitled to financial compensation.
5. As with other property, equal division is the starting point (save for personal possessions, which each party should keep), although there may be other considerations, in particular if one party is to have any children living with them then their needs should be taken into account, for example they will obviously need to have the children’s beds.
6. If there are single items over £500 or collections over that amount the court can take them into account as assets. To establish what valuable items are worth a jointly instructed expert can be appointed by the parties or the court.
7. If agreement cannot be reached and there are no items of sentimental value, consider selling the items and dividing the proceeds, rather than going to the expense of getting the court to sort it out.
8. Lastly, all of the contents should usually remain in the matrimonial home until agreement is reached as to their division, or the court has decided the matter. If your spouse starts removing items from the matrimonial home without your consent then you should inform your lawyer immediately.
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If you require further advice regarding the division of the contents of the matrimonial home then you should consult an expert family lawyer. Family Law Café can put you in touch with an expert – call us on 020 3904 0506, or click here, and fill in the form.
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Family Law Cafe surrounds and supports the customer with both legal and pastoral care, end to end, from top barristers to case workers to therapists and mediators, to help the customer get the best possible result with the minimum stress. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.