What To Know About Dividing Antiques In A Divorce

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsOther than your home, considerable joint property exists in valuable items present in your home. Similar to the appraisal of the real estate before your divorce, it is a good idea to appraise the personal property as well. This is as the total value of your personal property can add up to a large amount. Only after you determine the total value, can you decide upon a fair property division. An appraisal of personal property can assist to insure items from future damage.

Antiques belonging to your spouse

It is likely that you do not personally own a multi-million dollar antiques collection but you want a fair share of all the marital assets. It is easy to know what is your fair share. This is usually the assets you and your spouse shopped together. It does not matter who paid for the goods. What matters is that you have helped your spouse to purchase them. Do understand that you require a thorough appraisal of the personal assets to arrive at a fair share.

Antiques and value appreciation

You should always think of your future when there is prospect of a divorce. If you are a woman, keep in mind that  women generally earns much less than men. Many women exhaust their money quickly post divorce. A few divorce experts recommend that you should take the antiques over the car. The rationale behind this advice is that antiques go up in value while the car’s value depreciates over time. It is also to be factored in that majority of divorce lawyers have minimal knowledge of appraising. They have zero knowledge of antique furniture or stamps which you and your spouse have bought when the marriage was on solid ground.

Formal appraisal procedures involve a number of sequential steps. A generic process starts with you reading and accepting the appraisal terms placed before you. This can be both physical paper and in online form. You must complete all fields present in the form. This helps to make a better appraisal. You will be asked to send a photograph of the item. You may be asked to send a portion of the payment in advance for appraisal services.

Orange County divorce attorneys in California can work with professional appraisers to critically examine the assets of their clients. They also protect them. Lawyers select only those appraisers who have proper educational background. Only the latter could provide current and correct values of collectibles, art and antiques.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.