If you are a couple and are wondering about household items and personal belongings after separation, one of the first things you should do is contact a family lawyer. Attorneys who specialize in family relationships will know how to deal with the properties and assets of couples.
When couples start to drift away from each other, they try to look for properties or assets that they can take with them. This would involve things like clothes, furnishings, household contents, and more personal possessions.
There are also situations where the division includes possessions and assets that both partners built or acquired. It becomes complicated at this point, and both parties must consider their status as married or domestic partners.
Recovery or Disposal of Properties and Assets
Whenever a couple is separating, they will have to decide which properties and assets to keep or discard. If arrangements aren’t made beforehand, then it could result in an unfortunate loss of income.
For Married Couples
When it comes to married couples, each party is entitled to their possessions and assets. If the couple separates, the properties and assets have to be accounted for. Some possessions and assets hold more monetary value, and they should be added to the calculation of your net family property.
The only time that these properties and assets aren‘t added to the net family property calculation is when they are exempt. It will be up to the judge to decide which possessions and assets can be exempted.
If one of the spouses owns a property of high monetary value, they can keep that property after separation. One thing to note is that the value of that property will be added to that spouse’s property list. The majority of the time, both spouses are considered to own the same household items.
For Common Law Couples
There are certain differences when it comes to the division of property and assets for common-law couples. Married couples have more rights and can have an equal distribution of assets and possessions, but domestic partners don’t.
When common-law partners are separated, they will still retain the rights to their properties and assets. That means they can remove any of their possessions from their home without having to worry about the value of their family\'s net properties.
They won\'t have any automatic entitlement to the equal division of property that the couple has accumulated while in the relationship. They are not able to claim any form of property that their former partner owns.
What Happens When the Properties Are Disposed of by the Other Party?
There can be cases where a party might have disposed of the property of the other party and this could lead to issues. If this occurs to a married couple, then the value of the property that was included in the family net calculation will have to be taken out.
Domestic partners can claim the lost value of the property or items that the other party has disposed of. This could include items, possessions, or assets that have been disposed of or sold by the other party.
For the claim to go through, the claimant needs to prove the existence and value of the property they want to pursue. They can sue the other party and have them liable for the total value of the items that the owner lost.
However, you also need to remember that, as a claimant, you should still be the current owner of the properties and that you haven\'t abandoned them before the separation. If a claimant has left the residence and abandoned the items or property on their own accord, then they might encounter issues with their claims.
Making the Proper Arrangements
Both parties that are separating and want to divide their possessions need to make proper arrangements for their possessions and assets. These could be settled by letting the court make a decision or creating a property agreement for domestic partners.
If so, the final decision on how the possessions and assets will be divided will depend on the situation of the couple. Every marriage or common-law relationship has different circumstances, which means that the results of the court order or the property agreement could also be unique to them.
The other party should be given a reasonable opportunity to collect their belongings or possessions from the property. In some cases, it’s expected for the other party to provide a notice stating that they want to collect the possessions they’ve left behind.
When the Court Can Intervene
Dividing possessions and properties doesn’t always have to be in court, but it needs to go through legal procedures for married couples. The judge will have to step in when both parties can’t settle on a settlement or are having trouble with how to divide their possessions.
Domestic partners, as mentioned before, can create a property agreement. In this agreement, both parties need to be aware of the division of possessions and agree to the terms and conditions stated.
If one or both parties don’t settle with what’s on the document, then it’s time to look for a family lawyer. These are legal representatives who could review the document and explain the terms and conditions to the parties involved. They can also assist in creating settlements and advising the parties involved on the best course of action to take.
Couples\' Rights to Their Possessions
Couples that are separating will always have the right to claim their possessions. It’s always the joint possessions that are challenging to deal with. It’s because, more often than not, both parties have contributed to acquiring them and will want equal division.
This is also where the difference between married and common-law couples becomes more evident. Spouses will have more legalities and procedures to go through because they are legally married and will have to be legally separated.
On the other hand, domestic partners have a more lenient procedure since they are not married and can separate with an agreement. There are upsides and downsides in both situations, but what’s important is that the parties know what to expect when acquiring their household items and personal belongings after separation.