How to Safeguard Your Personal Possessions During a Divorce

Law Blog

When two people decide to live together for the long term, then they will move ahead without any negative thoughts. Certainly, some of them will complete a prenuptial agreement of some kind, but most will not, and they may live together for months or even years before anything starts to go wrong. During that time, they will inevitably have co-mingled their assets, both big and small, and this can prove to be quite a problem should divorce rear its ugly head. What should you do about your personal possessions in this situation, and should you try to remove them from the picture before everything starts to go downhill?

The Effects of Time

Without doubt, the big issue here is time. If the two individuals had been together for many years, then the mingling of assets and other possessions would have accumulated slowly but inevitably over that time. However, when it became apparent that the two individuals would need to divorce, all of these assets would need to be unravelled very quickly. It's not surprising that this can present a huge problem for all concerned.

Gathering Proof and Showing Intent

Still, if you are to segregate your own personal possessions and make sure that they are not included in the divorce pot, you will need to pay close attention. You have to get down to detail and make a list of all of these possessions as well as your claim for personal ownership. You need to be able to show that you bought these items independently and have the receipts to show in this case. Alternatively, you need to prove that the item in question was given to you as a personal gift from somebody else.

Careful Documentation

Only when you have done this can you remove the items in question from your shared home. Be careful, as if you do not go through this process carefully, then the other party may lay claim to some of these possessions. The court could view your behaviour as your effort to hide something, and they could look at your case less favourably as a consequence.

Tell Your Solicitor

To be sure of your situation, tell your divorce lawyer what you are doing and give them all the details once you have finished. They will be able to support your case should the other party question your motive, and this should make the entire process just that little bit easier to deal with.


21 January 2019

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