How Can You Lay Claim to Personal Possessions When Going Through a Divorce?

Some people think that when they get married, all of their collective possessions are classified as one and will, therefore, be owned equally by the two parties. However, in truth, all of these assumptions are to be taken with a pinch of salt as it is never quite as straightforward as that when a previously loving relationship comes to an end through divorce. If you find yourself in this situation and are worried about the fate of your personal possessions, what can you do?

Passage of Time

As time goes by and as two individuals cohabit, they will inevitably mix and mingle some of their possessions or assets. Sometimes this is done with clear intent, while at other times it just happens. It's no surprise that it can be quite difficult to figure everything out when the relationship goes south.

Clarification

Some of the individual assets were never intended to be under joint ownership, and you may still consider these items to be your own personal possessions. However, you have to take certain steps or they may be lumped into the divorce pot and you will need to clearly detail your rights to claim them as a personal possession.

Taking Steps

To begin with, you will need to show that you bought those items independently using your own money. If you have the receipts as proof, this is evidence that you need to bring forward during divorce proceedings. If the asset was gifted to you by somebody else, then you should bring forward evidence to support that, as well as, if possible, a sworn statement from the other person.

After you have done this and have given your solicitor all the evidence, you should remove the items from your shared home, if at all possible. It's very important that you document this, however, as the other party may try to claim that you were trying to hide something of value, and they could make a representation to the court along those lines.

Correct Approach

When you work with an experienced solicitor, they will guide you through this entire process. They will, when the time is right, notify the other party and their legal representation to keep everything above board.

If you approach this correctly, you should be able to segregate your personal possessions from your ex-partner and proceed smoothly with the rest of the divorce proceedings. Contact a family lawyer for more information on handling your divorce.


Share