Splitting up property during an amicable divorce process

If you and your spouse have committed to an amicable divorce process, you may be wary of digging into the challenge of dividing your property. After all, you know that you will both want certain personal items but also want to avoid squabbling over them. You may also be understandably apprehensive about dividing precious property like your home, your vehicles, your pets and items that belong to your children.

Thankfully, property division matters do not need to result in in-fighting. More often than not, splitting up your property is a process that can remain amicable, provided that spouses keep their most important goals in mind. 

Kinds of property

In general, it is beneficial to divide your marital property as equitably as possible. However, certain types of property do not necessarily need to be divided equitably. For example, certain kinds of property are legally classified as separate property. This kind of property does not need to be divided between spouses but is instead generally retained by the person who has a legal right to claim it. Certain gifts, forms of inheritance and property that originally belonged to an individual at the start of the relationship may be classified as personal property.

In addition to avoiding arguments over personal property, you may be able to avoid challenging discussions about your personal vehicles and other forms of transportation. If a car is registered in your name, you may generally claim it as your own. If you and your spouse only own a single vehicle and both of you want to retain access to it, you may wish to speak with your attorney about how to resolve this difference amicably.

The end game

You and your spouse may be able to resolve many of your differences between yourselves, provided that you set boundaries and expectations before you begin dividing your property. You also may wish to make a detailed list of all property that truly matters to you so that you do not get bogged down arguing over coffee mugs that you don't really even like.

Finally, please understand that experienced family law attorneys are valuable resources. In the event that you and your spouse continue to clash over claim to a few important items, despite your commitment to remain amicable, your attorney will likely be able to guide you towards a healthy resolution.

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