Tuesday, February 2, 2010

How petty should someone be in splitting up marital assets?

My ex husband thinks everything is for him. Like the boat, the tractor,tools, etc. How should I go about splitting up these types of assets.How petty should someone be in splitting up marital assets?
First of all, the divorce process in general is an adversarial one with the focus on a fight to the death for everything. Lawyers in the divorce business make their money from milking the client by persuading them to fight for every little thing instead of working it out. Even amicably separating couples can get sucked into this tit for tat mindset and end up as bitter enemies. Now imagine a couple that is already at each others throats and feeling resentful and angry 鈥?with this being fed by two lawyers who meet and do lunch and laugh all the way to the bank. That鈥檚 reason one in why things happen the way they do.





Just give him the junk and be happy you are free.How petty should someone be in splitting up marital assets?
They can be appraised for a specific monetary value, and he can buy his half back from the value of the marital estate. BUT - be careful that you don't spend three times the value that you might get from these on the lawyers; when you say ';petty'; this suggests you could be arguing in court for a looooooong time. You might also let him have these assets in exchange or in consideration of something else.
Generally speaking, it's better in the end for each to take a fair share that is based on that person's particular wants and needs. Sell the boat and tractor and split, or require him to buy you out. Tools he can take if you take something else more important to you. It's not hard. Just be fair and stick up for your best interests, leaving the worst of the animosity out of it.
First of all, the divorce process in general is an adversarial one with the focus on a fight to the death for everything. Lawyers in the divorce business make their money from milking the client by persuading them to fight for every little thing instead of working it out. Even amicably separating couples can get sucked into this tit for tat mindset and end up as bitter enemies. Now imagine a couple that is already at each others throats and feeling resentful and angry 鈥?with this being fed by two lawyers who meet and do lunch and laugh all the way to the bank. That鈥檚 reason one in why things happen the way they do.


Best way to ask a lawyer for help
Both make a list and your lawyers will take care of splitting it as close as possible according to your wishes. Frankly why do you care about a tractor or tools? Material is just material, don't go at war for a pair of scissors!





When my ex and I divorced we did the total of our assets and the total of our debts. My deal was if I get out with NO debts then I'll take nothing. I don't care about 'things', I care about starting over without debts. I'll get new things along the way...and who wants to be using something their ex bought and used!





Don't be petty....let him have his tools, tractor, and the boat why not!
The judge will. Don't worry about it.

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