In addition to the emotional factors that go into the consideration of a divorce, you may find yourself considering how your personal “stuff” is affected by a divorce… “What will happen to the antique grandfather clock from my family?” “Do we sell the ride-on lawn mower we bought last month for our huge backyard?” “I am not giving over my jewelry in our joint safety-deposit box ever.”
Whatever the property may be, you might find yourself in a unique situation during a divorce, wondering if you can keep your personal “stuff” or if the courts will divide it between you and your spouse.
How divorce courts look at personal property division
In Pennsylvania, any assets you acquire during the marriage are typically marital property, which means both spouses have a claim to it. Conversely, if you bought personal property before the marriage, it can be considered separate property.
In addition, the courts will also look at how you acquired the personal property. Was it a gift, or did you inherit it before getting married? In that case, it is most likely separate property and not subject to division.
Influencing factors
Several key factors matter regarding whether the personal property is divided and how it is divided. For example:
- The value of the personal property is significant because the higher the value, the more is at stake.
- If one spouse has a strong emotional attachment to a specific piece, this can impact negotiations and lead to compromises.
- If the couple has a prenuptial agreement or postnuptial agreement, it may outline what happens with the personal property in case of divorce.
Determining who gets to keep the personal property in a divorce may seem to some as a frivolous matter, but to many, it is important, as personal property often carries with it years of history, family memories and emotional attachment.
Understanding how Pennsylvania courts look at personal property, how courts determine if it must be divided and how and what you can proactively do with your attorney to settle are all very helpful in achieving the resolution you seek.