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In dividing assets, your divorce lawyer and the court looks at what the value of the community property is and try to make an equitable divide. This means that the legal system is looking at your property in bulk, not concerned with the many small items that are important to you. While Shakespeare claimed that beauty is in the eye of the beholder, courts determine value through appraisers and routinely overlook the replacement cost of items dear to you. While you might find this unjust, your attorney’s job is to apply the law to your case. This means that your attorney is looking at an appraiser’s estimate, not at how the item is seen through your eyes. One of the best ways to get ownership over sentimental items as part of a divorce is to be in possession of them at the time the property is divided. This is usually best done by being awarded use and occupancy of the family home pending a partition of the community property. You will likely find that it is far more difficult to gain ownership of by going to a court to demand ownership than simply retaining possession during your divorce. Divorce attorneys are simply too expensive to be retained to purse items that have relatively little fair market value. In order for your spouse to gain possession of the item, your spouse will have to make the irrational decision to pursue items at greater expense then the items are actually worth. It is your gamble that your spouse will chose not to make such an illogical decision. To get possession, it is usually best to get a court to order you to have possession of the family home. Typically such invaluable items are found in the family home. Female spouses are usually best at gaining the family home. This is because women are usually better about getting an attorney first, who generally makes sure to request that the court evict the husband and gain possession of many of the community items. If you wish to leave the family home, it may be a good idea to take with you the items that you would like before a court makes its ruling. This should be done, of course, only if safe to do so and with your attorney’s approval. It is still possible to attempt to have a court and divorce lawyer determine assets down to very small and seemingly of inconsequential value. The problem with doing this is that it you would then become the irrational spouse pursuing assets at greater cost that the items are worth. In the end, it is hard to imagine that you will be completely satisfied that you were able to receive everything that you initially wanted as part of settling your property division in divorce. Remember, however, it is your job to maximize your interests and try to get a result that you can be happy with. It is best to avoid being in the predicament of having to choose to abandon sentimental items or making an irrational pursuit of items that are less valuable then the cost of obtaining them. To do this you may have to make sure that you take into possession the items that you would like. The above material is intended for information purposes only. It is not intended as professional legal advice and should not be construed as such. A great New Orleans divorce lawyer will go a long way to making your divorce proceedings orderly and satisfying to all parties. Learn more here: http://www.beaumontdivorce.com/.
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