Furniture, Art, and Miscellaneous Item Agreement
Apportioning personal property (think: furniture, furnishings, sporting/ camping equipment, tools, antiques, appliances, wedding gifts, etc.) can feel overwhelming.
Here are some tips to help you through it:
- Make a spreadsheet (or start with our example spreadsheet below) and list all/most of your property that you and your spouse may have trouble dividing.
- Any items on the list that were gifts are separate property and belong to the person to whom they were gifted. Note this on the spreadsheet.
- Make two copies of your spreadsheet. Each of you should then go through it and mark which items you would like to have.
- If there are disputes over certain items, go through those items and take turns choosing which item you get to keep.
- Try to work together to split everything as evenly as possible.
- Note that if there are disputes about the values of personal property, either spouse can offer opinion testimony on the value.
- Update the spreadsheet as you progress with the property division.
Note: You could value each item to try and effectuate an equal (or near equal division) of property. Courts generally use garage sale values. We don’t actually recommend that you do this because of the serious potential of disagreement over value(s). It tends to become a prolonged and emotional issue – probably not the best use of your time or energy (unless the division is seriously unequal or unfair).