Divorcing, 10 year marriage, no children, no debt, home mortgage that spouse can not afford on his own. I have no desire for any of the household furniture or appliances beyond a table and a couple Knick nacks. I moved out and filed 6mo ago and have only taken personal property (clothes). I am the bread winning spouse with the 401k if that matters. My attorney said take what I want now, as I get 0 credit for giving it up. I’m worried that I’m viewed as stealing or setting myself up for being financial reprimanded for ‘taking’. When I asked about making an inventory of bigger items I was advised don’t fight over property. Since I’m already set up that I will likely have to pay spousal and lose over 50% of my 401... I am hesitant to not do OR do anything that leaves me more financially exposed.
It sounds like you are getting good advice from your attorney. I find that Masters and judges don't like to get into fights over personal property. So my advice to clients is to take what you want but to be reasonable so that each of you has enough to live on your own.
This answer is for informational purposes only and does not establish an attorney/client relationship.
The costs of pursuing personal property can easily outweigh the value of the property. Focus on getting agreement re: any sentimental items and don't get stuck on fighting over the rest.
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