Five Ways to Divide Property When You Divorce

Once you understand the concept of the equitable distribution statute in Massachusetts, there are two different types of property that you need to divide with your spouse - real property and personal property.

When it comes to real property (real estate), it comes down to you thinking about the pros and cons of keeping the marital home.

Personal property is the harder of the two, and if you and your spouse are having trouble reaching agreement about how to divide what you've accumulated over the years, here are the latest tips from our divorce lawyers and family law attorneys:

1. Realize early-on that you're not going to get everything (or leave your spouse without anything). The best thing you can do is list everything that you and your spouse own - individually or jointly - from either before marriage or among those assets that you've accumulated during your marriage. Next to each item, assign a dollar value. This value should represent the current value, and not the replacement value. Think about it: one spouse keeps the television, and the other will have to purchase a new one.

Once you're done with the list, add-up the total value of all your items, divide the total in half, and decide what's on your priority list and what may be on your spouse's list. Do your best to make it a best-scenario, all things considered!
Courts appreciate when couples can decide amongst themselves the division of all personal property. Judges would rather not get involved in arguments over the hammock, the couch, or grandma's antique china.

2. Choose items alternatively. Go to the list you made in #1, then each of you take turns selecting items from the list without regard for the value of items selected.

3. You and your spouse list all of your property (as outlined in #1 above), and then one spouse divides this "master list" into two lists (as evenly as possible), and the other chooses which list he or she wants.

4. Consider selling everything, and then divide the proceeds evenly.

5. Consider conducting a private auction whereas each of you bid against the other on any property that you cannot agree on. From there, payment can be made from one to the other in order to equalize the division of property.