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Divorce – Dividing Marital Personal Property

Posted in Delaware Family Court

Prior posts have examined how the Family Court conducts its analysis when dividing marital property in a divorce.  That analysis is designed to result in an equitable division of marital assets and debts.  In addition to dividing the assets and debts, the Family Court also has the authority to divide marital personal property such as furniture, dishes, candlesticks and televisions.

If the parties cannot agree on the division of this type of property Family Court does not typically hear evidence at trial over who should get what.  Rather, the Court typically utilizes what it calls the “two-list method.”  Here’s how it works:

One party, typically the party still in the marital residence, prepares an inventory of all the marital personal property dividing it into two lists.  Both lists are then provided to the other party.  The party receiving the lists selects one list and returns the other list to the party who prepared the lists.  Each party then gets to keep the items on their list.

And with that, the marital personal property is divided.

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LeslieSpoltore is an attorney with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or lspoltore@foxrothschild.com.