The Partitioning of Personal Property is Difficult During a Divorce. Here is what you need to know..
Fact: Each individual feels attached to what is theirs and reasonably wants access to their own belongings throughout a divorce. When two individuals just cannot get along, it might be difficult to recover personal property, particularly if one spouse moved out of the marital house quickly.
Learn more about your alternatives if you need to reclaim your personal property.
What exactly is personal property? The overwhelming bulk of an individual's possessions are classified as personal property. These items may be valuable or have no monetary worth. Clothing, cosmetics, or personal hygiene products, for example, may be worthless, but they might be quite valuable to the individual who is missing them.
Personal property, on the other hand, may be very valuable. For example, if one spouse moves out and takes all of the furnishings in the home, it may cost the other spouse several thousand dollars to replace these goods. When property is not split properly in the early phases of a divorce, it may make it harder to share assets later on.
It is critical to keep in mind that Washington is a community property state. According to Washington law, everything acquired during the marriage is held by both parties and is susceptible to partition upon a divorce. Even if only one spouse purchases or utilizes an item, the property is nevertheless held jointly as part of the marital estate.
Before involving the court, try to work it out
If at all feasible, both spouses should strive to reach an agreement on low-value personal property (less than $500). Most of the time, one spouse will not need the other's clothes or toiletries, and there is no reason why the spouse cannot walk inside the home and acquire these goods. Attorneys for each spouse may usually figure out an agreement in which one individual enters the former marital residence and retrieves his or her belongings.
It is critical to avoid taking significant objects that may create controversy later on throughout this procedure. If an object is valuable, it is typically best to split it during the divorce settlement negotiations.
Contact a Third-Party Neutral
If the former couple is unable to reach an agreement on their own, it may be beneficial to solicit the assistance of a neutral third party. For example, if one partner does not trust the other to remove solely personal belongings from the house, it may be preferable to engage a friend or family member who is trusted by both spouses.This individual might be permitted to enter the house to remove things from a list that both spouses agree can be removed.
Property Division Ordered by a Court
This is when to indicate specific personal objects that are not obviously yours or your spouses. Things like lawnmowers, beds, and towels. Things become much more complicated when there is a second property involved, such as a beach house or cabin on a lake. If this is the case, you need to call in a specialist – a real estate attorney – to untangle ownership issues before it goes to court. Otherwise your divorce could drag on for months longer than necessary.