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
Based on 970 reviews
Daniel is guy who truly wants to help. Working with him never feels transactional. He truly does provide you with tailored solutions for divorce which is rarely a "cut and paste" situation. Thanks again for your help Daniel!
David and Dani were very helpful and made my case as stress free as possible.
Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.
I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
Alija
Loved working with Daniel and the whole team. Great service.
Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories