My stbx wife notified me via email that she is taking a list of things from the house while I’ll be out of town for work. We do not have a signed separation agreement yet nor have we finalized how the property will be split. She was offered furniture but didn’t want or couldn’t take it due to the size of her new house.
1)Should this value be considered when trying to be equitable since it is of zero value to her (doesn’t want it)?
2) can she just take things from the house if not discussed/agreed upon?
3) she is trying to take all albums and pics of the kids. I want some of them. How do we value these since irreplaceable?
If you’ve already separated and she moved out, then she is not entitled to enter the house without your express permission. You can change the locks if you’re already separated and she is the one that moved out.
The value of personal property can be counted in overall equitable distribution, but oftentimes this gets tedious and is not worth it when you’re dividing the value of things like real estate, retirement, and vehicles what are worth so much more than personal property.
Usually photo albums and pictures are divided equally. Each party can scan the physical photos they are keeping and send an electronic copy to the other party.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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