Empowering Families

This morning, I was asked by some divorcing clients about how to divide personal property—furniture, jewelry, and other household items. I’m Katherine Miller, and I’ve been a divorce attorney in New York City and Westchester County for over 30 years. I frequently get this question, and while it’s something that lawyers often prefer to leave to the parties themselves, there are some useful tips I’d like to share.

Firstly, in legal terms, we consider the current value of items, which is typically their estate sale value, not their replacement cost. Most household items, unless they are art, antiques, or collectibles that have appreciated in value over time, usually have garage sale value. Therefore, getting an appraisal for everyday items may not be necessary, though it could be important for valuable jewelry, art, or collections.

When it comes to physically dividing items, people often use methods such as taking turns picking items, making lists of desired items, or marking items with different colored stickers to indicate preference. For example, if both parties want the dining room table, you’ll need to negotiate how to handle that.

Dividing items with emotional value, such as your children’s artwork or sentimental photographs, can be especially challenging. While photographs are easily replaceable, irreplaceable items like children’s artwork can be more difficult to split. In such cases, it might be helpful to engage a facilitator, parenting coordinator, or mediator to assist in fairly dividing these cherished items.

Thanks for listening!