Questions you might not think to ask during property division

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Property division. Considered to be perhaps the most contentious part of any divorce, this step in the dissolution of a marriage forces couples to seriously think about what assets and debts should be considered separate property and what should be considered community property. This includes big decisions that divorcing spouses might not agree on, creating disputes that often require the help of lawyers and the courts.

But the big question of “what’s mine versus ours?” isn’t the only question residents here in California should ask themselves during property division. There are other questions, such as the ones we will pose below, that you may come to realize are the ones most beneficial to ask.

Who gets all the wedding stuff?

From the cake topper to the wedding rings, deciding who takes the wedding items may be a difficult one to hash out. There may still be some powerful emotions attached to these objects that neither spouse wants to hang onto after the divorce. And if throwing them out is simply not an option, you might find yourself asking who should get the wedding stuff during property division?

Should you ask for money to cover new purchases?

If you’re like a lot of couples who get married in California, then chances are you received a number of your communal items as wedding presents. From dishes to cookware to towels, these items will all need to be divided, but what happens to the spouse who has to replace all of these items? What happens in cases of larger items such as furniture or a mattress? Should spouses consider these extra expenses when they divide their assets?

Who gets the family pet?

This is a big question many divorcing couples assume will be resolved by the courts just like a child custody dispute would. Unfortunately, pets are typically considered to be property despite your emotional attachment to them. This leaves divorcing couples with the difficult task of determining if one person should get the pet or if the pet should be shared via a visitation schedule that won’t be appointed by the courts.

We hope posing these questions has helped you to consider a few things you may not have thought about with your own divorce and has given you some ideas about how to solve potential issues before they become problems.

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