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Personal Property

Though people usually think of bank accounts, retirement accounts, cars and houses as being divided in a divorce, personal property (such as clothes, furniture, jewelry, etc.) must be divided as well.

Believe it or not, dividing personal property is an issue that can make even the simplest divorce into a highly contested one. For example, the circumstances may be such that the parties may end up fighting tooth and nail over furniture or even kitchen utensils. If lawyers are involved and must help the parties negotiate every item in the marital home, the cost of the divorce could be driven up significantly. If the parties can agree between themselves on how to divide personal property, the parties could end up saving time and money.

Dividing personal property is an issue that can make even the simplest divorce into a highly contested one.

Personal Property and Tenancy by Entirety
 

Florida law provides that all personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital. Fla. Stat. § 61.075(6)(a)(3).

What is a tenancy by entirety? How do I know if I have a tenancy by entirety? Take a look at our page on tenancy by entirety to learn more. 

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