Property division is often one of the most highly contested aspects of a divorce, especially in cases involving complex or valuable assets. Most points of contention are major assets such as houses, vehicles, businesses and expensive jewelry. Many couples also wonder, however, about the division of smaller household items. From major appliances to favorite pots and pans, who gets what in your divorce case will depend on several different factors.
California Is a Community Property State
Two main doctrines are involved in the division of marital property during a divorce case: equitable division and community property. Only nine states, including California, abide by community property laws. Under this legal concept, all assets and debts acquired during a couple’s marriage are divided equally upon divorce. This includes household items.
If a divorce case in Sacramento goes to trial, all property shared by the couple will be split down the middle; 50 percent of the value of the estate will go to each spouse. This is the equation used by the courts, whether or not it is fair or equitable to either party. This is what separates California and other community property states from equitable division states.
The California courts view two people in a marriage as their own community. Therefore, all household items, personal property and possessions acquired during the marriage are part of the community and owned equally by both spouses. If the couple cannot divide household items on their own, the items will be split in half by a judge. However, if you reach out to a divorce attorney in Sacramento, you may be able to properly negotiate and plan with your ex-spouse how to divide your items.
Separate vs. Community Property
California’s property division law only applies to assets and debts classified as “community property.” It does not apply to separate property. Community property is anything acquired or debt accumulated during the course of the marriage. Separate property are assets and debts owned by one party prior to the marriage, as well as those acquired during the marriage via inheritance or gift by a single spouse.
Do You Have a Contested or Uncontested Divorce?
In California, as in most states, the courts allow you to work out issues such as property division with your spouse before a judge will intervene. If you and your spouse can compromise on the terms of the divorce, it will be uncontested and can proceed without a trial. If, however, you cannot agree on how to divide your assets or handle matters such as child custody, your case will go to court.
If a judge has to preside over your case, you will lose the right to say who gets which household items. The judge will use the state’s divorce and property division laws to decide matters, rather than personal preference or fault. You may or may not have a say in which household items you receive if you have a contested divorce case that goes to trial.
Can You Compromise on the Division of Household Items?
Do your best to compromise with your spouse when it comes to property division. Working together could work out best for both of you. Get help from a qualified attorney to divide household goods, if necessary. You can use attorneys during asset evaluations and mediation to decrease the chances of needing to take your case to court.
- List your assets. Make a comprehensive list of everything in your home. This may be a long and involved process. Go through your home room by room to make sure you do not miss anything of value.
- Differentiate marital from separate property. Items you brought into the marriage will be your separate property and yours to keep. Separate property will not be part of a household goods negotiation in a divorce case.
- Get assets evaluated. Appraise the items on your list. The value each piece of property has will be its current fair market price. This is not the price you bought the item for, but what it is worth today.
- Add debts. During your property division arrangements, do not forget debts. Add up all the debts you and your spouse accrued during the marriage. Weigh these into your property division decisions.
- Work out an agreement. Use your lists of household items, assets and debts to decide who gets what. If you have specific household goods you want, leverage something you know your spouse wants or offer to take certain debts in exchange for the item.
If you have household items you are passionate about keeping, it will be in your best interest to settle your case out of court. A Sacramento family law mediation lawyer may be able to help you negotiate that. That way, you will have the final say in which household items you keep and which go to your spouse. If your case goes to court, there is no guarantee you will get to keep the appliances, furniture, electronics, tools or other household goods you want. Try your best to compromise with your spouse about which items you will both take during settlement negotiations.
What Will a Judge Say?
California is a community property state. If you and your spouse cannot divide household goods alone, a judge will split everything 50/50. A judge generally will not go through a home and assign each household good to one party or the other. Instead, he or she will generalize assets and debts and assign each party half. A judge will have the final say in property division outside of the settlement process. This is why it is in your best interest to try to work out a settlement with your spouse that allocates ownership of each specific household item if there are certain things you want.
How Can a Divorce Attorney Help You Divide Household Items?
Working with an attorney in Sacramento from the beginning of your case can help you protect your hard-earned assets and property during a divorce. Your family lawyer in Sacramento can help you strategize creative solutions, such as keeping separate property separate, utilizing a prenuptial or postnuptial agreement to protect the household items you want, and using legal tools such as trusts to protect and manage your separate property.
When it comes time to divide household items between you and your spouse, a lawyer can facilitate communication and compromises to help you both reach a settlement agreement that works for you. Your attorney can create a comprehensive inventory of all shared assets and debts, including individual household items. Then, your lawyer can properly appraise them to determine their fair market value.
Your lawyer will use legal tools and comprehensive strategies to help you keep household items that you want and leverage the others to help you achieve your goals for the divorce case, such as trading items you do not want for less of the marital debt. With a lawyer by your side during settlement negotiations or a divorce trial, you can pursue your specific property division goals while ensuring your legal rights are protected.
For assistance navigating California’s community property law and dividing your household items during a divorce case in Sacramento, contact us for a free consultation.
