What happens to personal belongings during divorce

Going through a divorce can be a challenging and emotional time. Among the many practical matters to consider, one of the most frequently asked questions is what happens to personal belongings?

Gail Cartwright, Family Lawyer at Sinclair Law explains that

“In England and Wales, the division of possessions during a divorce can involve legal and practical steps. We find that helping our clients to understand the process can help alleviate some of the stress. Here’s a breakdown of what to expect when it comes to personal belongings during a divorce.”

1. What counts as “personal belongings”?

Personal belongings generally refer to items such as clothing, furniture, electronics, jewellery and personal documents. These items can be divided into two categories:

• Joint Property: Belongings that are considered jointly owned, such as joint bank accounts, or items purchased together.
• Individual Property: Belongings that are personal to one person, often purchased by one party, acquired before the relationship or as a gift.

Gail explains

“During a divorce, these items will be considered in the context of ownership, value and necessity. Sometimes the distinction between joint and individual property isn’t clear-cut, so it’s important to know your rights.”

2. What happens to jointly owned property?

When you share property, such as furniture, decisions need to be made regarding who keeps what. In general, jointly owned property is divided based on its value, how it was acquired and what’s most practical for each party.

For example, if a couple is going through a divorce but the furniture was purchased together and used in a shared home, both individuals may have to come to an agreement on who will keep each item.

• Agreement: Ideally, both parties will agree on the division of joint property. Open communication can make the process smoother and reduce conflict.
• Mediation: If disagreements arise, mediation is often a helpful tool. A neutral third party can guide the conversation and help the couple reach a fair decision.
• Court: If an agreement cannot be reached, the court may intervene as part of dealing with the financial aspects of the divorce. This is typically very much a last resort because of the time and costs involved which may easily outweigh the value of the items in question. A court may decide based on fairness and how the items impact both individuals’ living situations. Lists of items could be compiled and then allocated to each party.

3. What about personal or individual items?

Items that belong to one individual, such as personal documents, clothes and items purchased before the relationship, are generally not subject to division.

In these cases:

• Personal items should be returned: If you’ve left items behind or need access to them, it’s reasonable to ask the other person to return them. You may want to arrange this via a neutral third party if direct contact is difficult.
• Practical approach: While separating, both parties should try to be reasonable about what belongings are taken. Ideally, the move should be done in a respectful manner, with the understanding that both people may have sentimental attachments to certain items.

4. What if you can’t agree on who gets what?

Gail stresses that

“It’s important to try and avoid letting disagreements about belongings escalate into ongoing conflict. If there’s a deadlock, seeking legal advice is often a good next step. Family law solicitors like Sinclair Law can offer guidance on how property should be divided in accordance with the law. Sometimes, the involvement of a legal professional may be needed to ensure that both parties receive fair treatment.”

For couples who cannot come to an agreement, there are a few avenues to explore:

• Mediation Services: These can be extremely helpful in resolving disputes about possessions. Mediation is voluntary and aims to come to a resolution that works for both parties.
• Legal Action: If mediation doesn’t work, one party can seek a court order, as part of an application to court to deal with the wider financial aspects of the divorce, to resolve the matter. However, legal action is often costly and time-consuming, so it’s typically considered a last resort.

5. How can you protect your property?

To avoid disputes Gail suggests that

“It’s a good idea to keep records of your possessions, especially if they were bought before or during the relationship. This might include taking photos, keeping receipts, or making a list of valuable items. This can be particularly helpful if there’s a disagreement about ownership. Additionally, if you plan to move out, try to take your essential belongings with you as soon as possible.”

Conclusion

The division of personal belongings during a divorce in England and Wales can be tricky, but with the right approach, it doesn’t have to be overwhelming. Clear communication, fair negotiation and a willingness to find a practical solution are key to a smoother transition.

If disputes arise, seeking legal advice or using mediation services can provide much-needed clarity and guidance. Ultimately, it’s important to focus on what is best for both parties moving forward, especially when children are involved.

Contact us for a free 30-minute consultation

If you need advice with regard to personal belongings during divorce, please contact the expert family law team at Sinclair Law for a free 30-minute initial consultation.