Ex-spouses may fight over many things while in the process of divorce. Disputes over the division of assets and the properties they’ve acquired over the course of the marriage are expected during these proceedings, as well as who gets custody of the children. Another source of conflict between ex-spouses during divorce is the material possessions that either may hold substantial monetary value or are deemed worth fighting for due to sentimentality.

While it’s understandable why couples put more weight on these material possessions, lengthy disputes over these material items take an emotional toll on both parties. Moreover, material disputes can make the divorce drawn out and more expensive.

Choosing to work with a divorce attorney during material disputes is a wise decision. An expert divorce attorney will help you choose battles you can win more easily and items worth fighting for, saving you considerable time and money in the process.

With that said, here are the top five material items that couples fight over during a divorce:

House

Typically for most couples, the house would be the biggest asset that they will own over the course of their marriage. But it is also the most significant source of controversy in a divorce. Aside from the home’s value as a marital asset, many will fight against selling it because of its incredible sentimental value. Leaving a family residence because of a divorce can be quite emotional, especially when children are involved.

However, fighting over the house may not be worth it, especially when there is no compelling reason to keep it. In the eyes of the law, the house is a marital asset, just like any other property accumulated throughout the marriage. If you decide to keep the house, you may miss out on other more valuable or important assets that could benefit you once the divorce is finalized.

And from a financial standpoint, a house can be considered a significant financial drain due to taxes, mortgage payments, cost of maintenance and repair. So, again, in the absence of a compelling reason to keep the house, an experienced divorce lawyer will advise against keeping it and instead will advocate to sell the house and split the proceeds between both parties.

Furniture & Appliances

Dividing household items like pieces of furniture is a standard part of divorce proceedings. Of course, arguments are typical among divorcing couples over who gets the most valuable pieces of furniture around the house. But what about pieces of furniture that don’t hold significant value, such as an old recliner or worn-out items? A knowledgeable divorce attorney will recommend making a list of items you own and items you want and then agreeing with your ex-spouse over how the items will be divided.

Before beginning the process of division:

1. Make sure you evaluate the value of each item either by setting your own value or consulting with an appraiser.
2. Divide them by taking turns selecting items until both have reached half of the total value of the entire lot. You may also split the entire lot into two equal piles and decide who gets which pile.
3. Consult with your divorce lawyer if you run into problems during this process.

Photo Albums

Throughout a marriage, spouses will accumulate photos, videos, drawings, and any other sentimental media that represents their memories. While many will choose to discard pictures of the time they’ve spent together, other photos are understandably precious and worth keeping, such as the photos of the children or a pet. In addition, digital images are easier to distribute, given that copies can be made and distributed to both parties. But what about physical copies such as a photo album?

In the case of photo albums and other physical copies of a picture, the courts will typically leave it up to the couple to divide them. Some will recommend that duplicates are made, and the cost for reproduction be divided equally. But in some cases, the court will intervene when the parties don’t settle. 

Children’s Belongings

When involving children’s belongings in property distribution proceedings, it is helpful to remember that any disputes involving equitable distribution, especially when selling them off for an equal split, can take an emotional toll on a child. It is also important to understand that their property should belong to them, given that they have been responsible for those things since they were given.

Ultimately, the children’s possessions should stay with the children. The question of which parent should keep those belongings will depend on who gets custody. 

Heirlooms & Keepsakes

Heirlooms are items that have been passed down from generations through different family members. These can be anything from pieces of jewelry to antiques from extended family members and given to one spouse. Although disputes may occur over heirloom and keepsake items, these are considered non-marital properties. Since they were gifted to one spouse, the recipient is considered the owner of the said item and will not be included in the equitable distribution of marital property.

Consult Your Divorce Attorney

Personal belongings will always be a point of contention in divorce proceedings. During the discussion of marital property and what properties to keep, it is essential to stay calm and remain focused on what is in your and your children’s best interest. And when you’re uncertain about anything, talk to your divorce lawyer to find the best course of action. Your trusted divorce attorney will help you identify which items are worth fighting for and help you acquire them during property distribution proceedings.