Top 5 Methods (with Agreement Language) to Divide Your Furniture and Furnishings When Separating/Divorcing

It is always the best practice to be more specific as opposed to less specific when drafting the terms and provisions of a Separation Agreement or Marital Settlement Agreement.  While it may seem like “overkill” at the time, it is always advisable to have clear and carefully drafted language to fall back on in the event of a difference in interpretation or disagreement later on.

While furniture and furnishings often have great sentimental value, most often the monetary value of used furniture and furnishings (excluding some antiques, collections and collectables) is far less than the legal fees incurred when lawyers are overly involved in negotiating the division of such items.  It is important to note that the Court does not have the authority divide up furniture and furnishings.  The Court’s powers are limited to the appointment a trustee (who is ultimately paid by the parties in addition to their individual lawyers) who is tasked with selling the furniture and furnishings, often at public auction, which almost always yields pennies on the dollar as it relates to even the used value of the items let alone the replacement cost of the items.  Accordingly, cooperation between the parties in the division of their furniture and furnishings is always in everyone’s best interests.

1.      In situations where the parties are already separated and have already divided their furniture and furnishings, the following language is appropriate:

The parties agree that all household furniture and furnishings and personal property located at Husband’s residence as of the date of this Agreement shall be the sole and exclusive property of Husband and that all household furniture and furnishings and personal property located at Wife’s residence as of the date of this Agreement shall be the sole and exclusive property of Wife.

2.      In situations where one party is remaining in the Marital Home and the other is moving out, the following language is appropriate:

The parties agree that all household furniture and furnishings and personal property located at the Marital Home as of the date of this Agreement shall be the sole and exclusive property of [Husband/Wife], except for the following household furniture and furnishings, and personal property described in Schedule A, which is attached hereto and incorporated herein by reference, which shall be [Husband’s/Wife’s] sole and exclusive property.

3.      In situations where the parties are unable to agree on the division of their furniture and furnishings, or prefer to divide their furniture and furnishings at a later date, there a number of processes/language options that are appropriate:

The parties agree to create a list of their furniture and furnishings together.  Upon completion of the list, the parties shall flip a coin. The party that wins the coin toss shall pick the first item from the list, the party that loses the coin toss shall pick the second and third items and the parties shall alternate picking one item at a time until all items on the list of furniture and furnishings are divided.

OR

The [Husband/Wife] shall create a list of the parties’ furniture and furnishings and place [his/her] her initials next to those items [he/she] wishes to retain.  Next, [Wife/Husband] shall review the list and place [her/his] initials next to those items [she/he] wishes to retain.   For those items that both parties wish to retain the parties shall flip a coin. The party that wins the coin toss shall pick the first item, the party that loses the coin toss shall pick the second and third items and the parties shall alternate picking one item at a time until all items on the list of furniture and furnishings are divided.

4.      In situations where the parties cannot agree to anything, the following language is appropriate:

The parties agree to the engage the services of a mediator whose fees they shall divide [equally/in the following manner ___% by Wife and ___% by Husband].  The parties agree to work with the mediator to reach an agreement on the manner in which their furniture and furnishings shall be divided.

5.     In situations where the parties wish to dispose of their furniture and furnishings in whole or in part, the following language can be used by itself or added to the language above:

The parties agree that for those items of furniture and furnishings that neither party wishes to retain, [they shall first offer such items to their children, step-children, etc. and for any remaining items], they shall hire _______________ (it is very important for the company removing and disposing of the furniture and furnishings to be vetted in advance and agreed upon by both parties) who shall be charged with removing and disposing of the furniture and furnishings.  Any and all costs or profits associated with the removal and disposal of the parties’ furniture and furnishings shall be apportioned between the parties as follows: ____% by or to Wife and ____% by or to Husband.