How Can We Divide our Personal Property in Divorce?

We deal with two types of property in Utah divorces: real property and personal property.

Real Property v. Personal Property

Real property is where all the money is. We’re talking about homes, farms, buildings, etc.

Personal property is less sexy, more mundane. Personal property is you own that isn’t real property, e.g.: clothes, jewelry, furniture, cars, and all your other stuff.

Dividing real property is usually straightforward for a couple reasons. First, not many people can afford to keep homes and farms when they divorce — it’s just took expensive. Second, there usually isn’t that much of it. It just doesn’t take long to divide one house.

There’s so much real property in a person’s home (the average American home contains approximately 300,000 objects) that it can be a daunting task to divide it all.

How to Divide Personal Property

Because personal property is usually so much less valuable than real property, people don’t want to pay an attorney $300 per hour to divide it.

Instead, almost 100% of people getting divorced divide their stuff without the help of attorneys. Even if they hire attorneys to help them with the rest of their divorce (e.g., child custody, debt allocation), they sit down and divide their personal property without attorney help.

Here are the most common ways I’ve seen people divide their stuff:

  1. The stealing method.

This method is usually the most contentious personal property dividing method. It usually involves one couple living in the marital home, and the other spouse breaking in and stealing whatever he or she can at night.

  1. The come-get-your-damn-boxes method.

Only slightly less contentious than the stealing method is the come-get-your-damn-boxes method. This consists of one person kicking someone out of the home, putting all their stuff in boxes, putting those boxes in the driveway for pick up, and then texting the other person something like, “Come get your damn boxes before it rains.”

  1. The you-pick-I-pick method.

The you-pick-I-pick method is simple: one person picks and item, then the next person picks an item, until all the items are gone. It’s essentially the same way we picked teams for kickball when we were kids.

  1. The list method.

In this method, everyone makes a list of the items they would like or that are most important to them. If there are things both people request on their lists, they get together and talk about how to divide those things.

  1. The get-together-and-talk method.

In the get-together-and-talk method, spouses, well, get together and talk about how they’ll divide their personal stuff. The conversation can (and usually does) get a little heated, but you can work through that and figure things out. This is by far the most enlightened (and easiest) method for dividing personal property.

Conclusion

In the end, your best course is to sit down and talk about your stuff and how it should be divided. You’ll save a lot of money and grief compared to the other, less open communication methods.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 910 reviews
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
Anne-Greyson helped me with my post divorce issues after Clay handled my divorce. She was amazing in getting my issues resolved and I was even more thankful to have worked with Brown Family Law again. I will never stop praising this team for all of their hard work!!
Response from the owner:Belynda, thank you for your kind words.
js_loader

Categories