How Is Furniture Split In a Florida Divorce?
Under Florida law, all marital assets are divided fairly, although not necessarily equally, during the divorce process. This includes household items such as furniture. Clearly though, a couch or a recliner cannot be cut in half in order to be divided. So, how is furniture split during divorce? Our Tampa property division lawyer explains below.
Create a List of All Items
You will have to create a list of all of your assets during the divorce process so you can know what needs to be divided. Before you start to divide the furniture, create a separate list of everything you own together. Go into every room of your home and write down all of the pieces of furniture purchased together during the marriage. Any furniture you may have that was purchased before the marriage is considered separate property and will remain with the person who initially purchased it.
Appraise the Value of All Items
Once you have a list of all of the furniture in your home, you then have to obtain an accurate value of the property. You can hire a professional appraiser to do this, but you can also do it on your own, too. You can find similar items for sale online and assign your furniture the same value. Assign each piece its own value, and then tally the total. The total will provide the basis for dividing the furniture. If you hire an appraiser, make sure you both agree beforehand that you will accept the appraiser’s values.
The Division of Furniture
The furniture must be divided in such a manner that is fair. Again, this does not necessarily mean that each party has a right to an equal portion of value. In most cases, a court will try to divide furniture equally, but that may not always be possible or appropriate. For example, a judge may award one spouse more valuable furniture as compensation if their spouse had an affair that involved spending marital funds.
Reaching an Agreement with Your Spouse
Although in some cases, property division issues have to go to court so a judge can decide, it is often easier and less expensive if you can reach an agreement with your spouse. Sometimes this is fairly easy, and you can simply choose the furniture that is most important to both of you. If there is a dispute and you cannot reach an agreement, you can also try to resolve the issue through mediation, and thereby keeping the matter out of court.
Our Property Division Lawyer in Tampa Can Help with Your Dispute
Dividing marital assets is one of the most complex aspects of divorce. You should not go through it alone. At All Family Law Group, P.A., our Tampa divorce attorneys can negotiate with the other side to help you reach an agreement on asset division, or represent you during mediation or at trial, if necessary. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help. Se habla Español.
Resources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html