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Ed Shaw Law No Nonsense Legal Advice

Local Solutions For Local Problems

STUFF WARS

by | Mar 13, 2023 | Divorce |

In a divorce few issues are as hard to resolve as what to do with personal property, stuff when people disagree.  In the legal system personal property is defined as items that are not titled, furniture, clothing, electronics, small yard equipment, tools, etc.  Because these items are not titled they are very hard to track down.  Other assets, cars, houses, bank accounts, they can all be tracked, ownership is recorded, they have statements, titles, etc.  The hardest part about a personal property battle is proving that the items even exist, if I say there were three TVS in the house when I moved out, and the other side says there was only one, how does a judge decide who is telling the truth, how many TVs there were, and who has them.

Fortunately, in the vast majority of my divorces we do not have stuff wars, people divide stuff up on their own.  If you are in a divorce do your best to work out the stuff, it is the last thing you want to fight over.  To be on the safe side, when you move out of a home take pictures of what goes with you, and what is left behind, it will help if you get into stuff wars.  Also, be prepared to compromise, you never want to spend $5,000.00 on legal fees to fight over $500.00 worth of stuff.  I had one case where the other side was arguing over how much toothpaste was left in a tube, another where the three prong adapter was being fought over, trust me, you never want to go there.

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