A Connecticut divorce court has the authority to divide the personal property (i.e. cars, home furnishings, clothing etc.) of the spouses. Notwithstanding, judges prefer not to have to decide issues of personal property since it becomes a tedious and time consuming process.
Unless the personal property in dispute has significant economic (antiques, jewelry, stamp collection) or sentimental value (family heirlooms) it is often not cost effective to involve attorneys in issues of personal property. The better approach is for attorneys to encourage their clients to be reasonable and allow the spouses to divide personal property to their mutual satisfaction.
When reason fails, here are two cost effective options:
1. Mediation. The mediation should be binding – the decision of the mediator is final. The mediator is often an attorney experience in family law matters. Some Family Relations offices in Connecticut will mediate as well (even more cost effective).
2. Swap list. Each spouse makes a list of the property he/she wants. The agreed upon property is divided. A master list is made of the property that remains in dispute. The spouses take turns choosing property off the master list until the property is divided.
Obviously, there are instances when judges need to get involved. Nevertheless, litigating issues of personal property should be a last resort.