Equitable Distribution


#1

If an asset such as a hutch, cabinet, wardrobe, footlocker, safe, etc. is listed as property. Does that mean that only the listed property is what is being divided or are the contents automatically included. For instance should I just say “hutch” or if I am also wanting the contents do I need to state “hutch plus contents”, etc.


#2

not an attorney

YES. . .absolutely list contents; if you don’t, pending on the type of person you are dealing with, you may just get an empty hutch!


#3

I know it says it takes a few days for a lawyer to respond, but would appreciate a response as quickly as possible as I am under pressure to submit this agreement and there are a lot of articles to consider.


#4

If they are valuable, or you want the items, then you should list them. Small things add up.


#5

So to be clear, I am required to lists all of the items. I can not just say “and contents” or just assume that anything contained in a locker etc. goes with the locker etc.


#6

If you just state “hutch and contents” all the spouse has to do is remove the contents and there are no more contents. That is why you should list the contents.


#7

Ok this is a bit harder than I anticipated. What about things that were brought into a marriage. I have a lot of memorabilia and old watches, coins etc., some valuable some probably not that I had before the marriage. However, I do not remember all details and they are not in one item (some in hutch, footlocker, etc), just sort of thought they would be passed down. Do I have to try and remember all of these? If they are not listed on the agreement can spouse prevent me from taking them?


#8

You would need to be as detailed as possible, there is no set advise on what your going to get because you can’t predict what your spouse will do or ask for and the judgments could vary. Its better to have physical possession of the items if you still have access to them.