When you read up on property division in a divorce, they’ll often highlight how you and your spouse need to simply decide what percentage of the account you each are going to stake a claim to, take your fair share and go your separate ways.
Some complications can arise in reaching a mutual agreement as to what is fair when it comes to accounts such as these. They pail in comparison to how things work when splitting certain valuable yet hard-to-divide items, such as collectibles, though. What’s the best way to do that? Below are two examples of how property division might end up being handled in these situations.
The handling of the family dog in Ohio divorces
While you might see your beloved dog as a family member just like your kids, Ohio law does not. Ohio Revised Code §955.03 spells out how domestic dogs are nothing more than personal property and thus are subject to property division as per the state’s equitable distribution doctrine.
Your pet needs consistent care, so you need to address any matters involving them quickly. You may need to present a convincing argument in court detailing why the judge should award you possession of your pet if you can’t reach an agreement. You can argue that you were more responsible for their regular care. Your spouse may show that they were financially responsible for everything related to the pet’s care, which could sway the judge into awarding them your dog, instead.
Addressing artwork and other collectibles in a divorce
If you have a piece of artwork or a complete collection, then dividing it is generally not an option. They’d lose their value if that did happen.
One of the best things that you can do in a situation like this is for one of you to agree to keep it while the other retains ownership of an equally valuable piece of property. If the thought of your spouse holding onto something doesn’t rub you the right way, then you might want to put it up for sale. You two can then split the proceeds from it.
Conversations about assets such as these can easily become heated, and that’s why having a third party involved in refereeing the negotiations regarding them can be best. This will ensure that you receive the fairest outcome in your case.