Frequently Asked Questions about dividing personal property during divorce:

Question: How much furniture and electronics can I keep? What about my guns and her jewelry?

All furniture, electronics, guns, and jewelry (personal property) purchased “during the marriage” are divided equally (50% to the Husband and 50% to the Wife). It is difficult to prove the current value of each item for this division. So, the courts readily accept the parties’ joint decisions regarding the division. Disagreements between the parties are resolved by the court. Inherited items go to the party who inherited them and are not counted in the 50/50 division. Items purchased prior to the marriage stay with the spouse who acquired them before the marriage.

If you would like to know more about the division of personal property during divorce, please consult with a family law attorney.

Question: My former spouse got the house in the divorce and is supposed to be paying the mortgage. However, the mortgage is not being paid. Why is the bank now calling me?

When you took on the mortgage during your marriage, your name and your former spouse’s name were both listed on the note. Even though your spouse was awarded the house, and even though the court ordered your spouse to pay the mortgage, the bank will still look to you (regardless of whether you live in the home or not), because your name remains on the bank note. After a former spouse is awarded a marital home, if there is some doubt as to the former spouse’s ability or likelihood to timely make the mortgage payments, the house should be refinanced or sold. This will prevent such situations from occurring and will also protect the other spouse’s credit.

If you would like to know more about this issue and your rights after divorce, please consult with a family law attorney.

Question: I inherited quite a bit of money from my grandmother. Can my spouse get any of this money if we get a divorce?

In most cases, your spouse cannot get any of the inherited money. However, if, during the marriage, you put the money into a jointly-held bank account, the court may award your spouse one half of the money by ruling that you made a “gift” to the marriage.

There are other exceptions and other consequences you need to know about regarding this issue. Therefore, I suggest that you consult with a family law attorney.