How do we split the contents of the matrimonial home?

As part of your financial arrangements upon divorce, you will need to decide how to divide the household items and possessions. These may be of low monetary value for many families and have little impact on the overall matrimonial pot. However, some couples invest in valuable paintings, art, collections, jewellery, furniture…

So, what should you do and consider?

1. Write an inventory list of the valuable items (usually worth over £500)

I suggest the list includes:

• a description of the item together with a picture,

• the location of the item,

• the purchase price, if known,

• whether the item was a gift or was acquired before or during the marriage, and

• the estimated value (either by checking the insured value or recently sold comparables).

If you have more than one property, don’t forget to include any items located at that property.

2. Discuss the list with your ex and see if you can reach an agreement. 

Decisions about who owns what and who will keep the item is generally left to the couple to negotiate between themselves. The general legal principle is that any assets acquired or built up during the marriage are added to the matrimonial pot and divided equally. 

If you do not wish to keep any of the contents and hand them over to your ex instead, you could negotiate to be compensated with another asset. 

You should bear in mind that the English court is often reluctant to get involved and, if it does, it’s likely to take an approach you may not be happy with, such as ordering a sale by auction and splitting the proceeds or dividing the items arbitrarily. 

3. Obtain a professional valuation if there is a dispute.

Unless you agree to sell or auction the items and share the proceeds, you should instruct a professional valuer to provide a formal valuation.

It may be a good idea to ask for a valuation for insurance purposes too at the same time if you are thinking to retain the item so that you can ensure you have adequate insurance cover.

4. Appoint a mediator.

If you find it difficult to resolve, consider having a mediator involved in your discussions before heading to court, as the legal process can be very costly.

I’m Julia Moreno, a divorce coach with a legal background as a family law solicitor guiding women and couples through the legal and emotional turmoil of divorce towards a new and happy life. You can join my mailing list for free nuggets of inspiration, motivation and education for your separation and divorce journey or book a free clarity call with me. You can also contact me at julia@juliamoreno.co.uk.