Dividing personal property during a divorce may sound simple—until it isn’t. While financial accounts, real estate, and retirement plans often take center stage in equitable distribution, disputes over personal property can trigger intense conflict and derail settlement discussions. Personal property includes everything from furniture and electronics to jewelry, collectibles, artwork, and even family heirlooms. It’s the stuff inside the home—and sometimes outside it—that couples once shared and now must divide.
Unlike bank accounts with clear balances or homes with appraised values, personal property is often more subjective. Emotional attachment, sentimental value, and differing views on worth can make the process far more complicated than many divorcing spouses expect.
Florida’s equitable distribution framework requires courts to divide marital assets fairly—but not necessarily equally. Understanding what constitutes marital personal property versus non-marital property, how courts approach its division, and how to negotiate a resolution without needless litigation is critical for anyone facing a divorce.
A Tampa divorce attorney plays a vital role in managing this process, avoiding unnecessary drama, and ensuring their client walks away with a fair and enforceable division. This article provides practical strategies, legal considerations, and guidance for navigating the division of personal property during divorce in Florida.
What Is Personal Property in Divorce?
Personal property is any movable asset that is not real estate. It includes a wide range of tangible items such as:
- Household furniture and appliances
- Electronics and technology
- Clothing, handbags, and shoes
- Artwork, collectibles, and antiques
- Vehicles, motorcycles, boats
- Jewelry and watches
- Sports equipment
- Tools and hobby materials
- Pets (yes, pets are personal property under Florida law)
Florida law distinguishes between marital and non-marital personal property. Only marital property is subject to equitable distribution. A Tampa divorce attorney must first identify and classify each item before determining how it should be divided.
Marital vs. Non-Marital Personal Property
Florida Statutes § 61.075 defines marital property as assets acquired by either spouse during the marriage, regardless of whose name is on the title. Non-marital property includes:
- Property acquired before the marriage
- Gifts or inheritances received by one spouse individually
- Items excluded by a valid prenuptial or postnuptial agreement
- Items exchanged or maintained using non-marital funds
For example, a set of antique tools inherited from a parent before marriage is non-marital. But a living room set purchased jointly after the wedding is marital. A Tampa divorce attorney reviews receipts, photographs, gift records, and testimony to classify disputed items correctly.
Why Personal Property Can Become a Flashpoint
Dividing personal property often leads to conflict for several reasons:
- Emotional Attachment
Certain items carry deep sentimental value—a piece of art bought on a honeymoon, the family piano, or wedding gifts from relatives. These emotions can outweigh monetary value and fuel intense disputes. - Perceived Inequity
If one spouse receives more “valuable” items or more cherished belongings, the other may feel shortchanged—even if the overall distribution is fair. - Lack of Documentation
Few people keep receipts for every appliance or piece of furniture. Without documentation, parties may disagree on when or how an item was acquired. - Revenge or Control
Some spouses use personal property division to exert control, retaliate, or delay the process. Refusing to return items, hiding assets, or demanding items of little value are tactics used to frustrate the other party.
A Tampa divorce attorney with experience in high-conflict asset division can recognize these patterns early and develop a strategy to keep the case moving forward.
Strategies for Dividing Personal Property Amicably
1. Create a Comprehensive Inventory
Start by listing all items of personal property. A thorough inventory should include:
- Description of the item (e.g., “Samsung 65” television”)
- Approximate value
- Purchase date (if known)
- Who primarily used or maintained the item
- Marital or non-marital classification
- Proposed recipient
Photos or videos of each room can support the inventory and serve as evidence if disputes arise.
A Tampa divorce attorney may assist in compiling the inventory and sharing it through formal discovery or mediation, ensuring accuracy and transparency.
2. Determine Fair Market Value
Many personal items depreciate over time. In divorce, the standard used is usually fair market value—the price someone would reasonably pay for the item today, not the original purchase price.
You may use:
- Online resale platforms (e.g., Craigslist, eBay, Facebook Marketplace)
- Consignment shops
- Professional appraisers (for artwork, antiques, or collectibles)
Some high-value items, such as rare watches or art pieces, may require expert appraisal to determine current market value. A Tampa divorce attorney can help coordinate appraisals and ensure that values are not inflated or deflated unfairly.
3. Use a Spreadsheet or Chart
Creating a chart helps visualize who gets what and whether the overall distribution is equitable. Assign each item a value, then allocate them to each spouse. If one party receives more, they may “buy out” the difference or exchange other assets to balance the sheet.
This exercise can make it easier to spot patterns and resolve inequities without emotional arguments.
4. Agree on Ground Rules for Division
Some couples choose to:
- Divide items room by room;
- Take turns selecting items (like a “draft”);
- Use mediation to resolve specific disputes;
- Trade items of equal value;
- Allow each spouse to retain their personal belongings without dispute.
Agreeing on a process is often more important than the items themselves. A Tampa divorce attorney can help negotiate a process that feels fair to both parties.
5. Don’t Sweat the Small Stuff
Fighting over small, low-value items—like dishes, lamps, or holiday décor—can stall the entire divorce. Unless the item has significant sentimental or financial value, it’s often more practical to let it go.
One approach is to divide common household items evenly without assigning exact value. For example, one spouse keeps the living room furniture, the other gets the bedroom set.
A Tampa divorce attorney can help clients focus on the bigger picture and avoid getting bogged down in trivial disputes.
6. Consider the Cost of Storage and Moving
Some personal property comes with logistical and financial burdens. Transporting a baby grand piano or large gun safe across the country is not easy or cheap. The same goes for renting storage units for boxes of books or tools.
These costs should be factored into the division. Sometimes, selling the item and splitting the proceeds is a more practical option.
7. Sell or Liquidate When Necessary
If neither spouse wants or can agree on an item, consider selling it and dividing the proceeds. This is common with:
- Vehicles;
- Jewelry;
- Artwork;
- High-end electronics.
Sales should be documented with invoices or receipts to ensure accurate accounting.
A Tampa divorce attorney can include language in the final judgment detailing how the sale proceeds are to be divided, including who pays for sale-related costs.
8. Handle Sentimental Items With Care
Some items can’t be replaced with money. Family heirlooms, photo albums, and handmade gifts often carry sentimental weight. Consider:
- Duplicating digital photos or videos;
- Allowing each spouse to keep a share of family memorabilia;
- Reaching compromises for the benefit of children or shared memories.
In some cases, spouses agree to let a child keep the item or designate it for future inheritance.
9. Don’t Use Personal Property as a Weapon
Resorting to tactics like hiding, destroying, or disposing of personal property can backfire. Courts may:
- Order restitution for lost or damaged items;
- Sanction the offending party;
- Award disproportionately more to the aggrieved spouse.
A Tampa divorce attorney will advise clients to follow court orders, cooperate in good faith, and avoid behavior that reflects poorly during litigation.
10. Formalize the Agreement in Writing
Once personal property is divided, the agreement should be incorporated into the marital settlement agreement or the final judgment of dissolution. This written record should:
- List the items awarded to each spouse;
- Outline deadlines for retrieval;
- Define procedures for unresolved items;
- Clarify who bears moving or delivery costs.
Clear terms prevent future confusion or litigation. A Tampa divorce attorney ensures that the agreement is enforceable and unambiguous.
Addressing Disputes During Personal Property Division
Despite best efforts, disputes may arise. In those cases, options include:
Mediation:
A neutral mediator helps parties reach a voluntary resolution. Mediation is particularly effective for disputes involving sentiment or perceived fairness.
Judicial Determination:
If mediation fails, the court may hold a hearing and divide disputed items. However, judges generally prefer that spouses resolve personal property themselves, as courts lack the time and interest to adjudicate who gets the toaster.
Special Magistrate or Arbitrator:
In some high-asset divorces, a special magistrate is appointed to handle personal property division. This private solution can save time and court resources.
Emergency Injunctions:
If one spouse is threatening to dispose of or damage property, the court can issue an injunction prohibiting removal or requiring return.
A Tampa divorce attorney can recommend the appropriate remedy depending on the severity of the dispute and the importance of the items involved.
Special Considerations for Personal Property Division
Vehicles:
Although technically personal property, vehicles are often titled and require transfer paperwork. The marital settlement agreement should specify who retains the vehicle, who pays off any loans, and who is responsible for registration and insurance updates.
Gifts Between Spouses:
Items given from one spouse to the other during the marriage may still be marital property. Florida courts consider the intent of the gift, the source of the funds, and whether the item was commingled.
Engagement Rings:
Engagement rings are usually considered a premarital gift and remain the separate property of the recipient, unless replaced or upgraded using marital funds.
Pets:
Florida law treats pets as personal property, though many spouses consider them family. Courts may award a pet to one party and consider factors like who cared for the pet and the pet’s best interest, although this is not a formal legal standard.
Collectibles and Hobby Items:
Items like firearms, musical instruments, or wine collections can carry high value and require appraisals. Courts may award such items based on usage or propose sale and division of proceeds.
Digital Property:
Photos, videos, eBooks, and digital subscriptions may also be part of the personal property division. Spouses can agree to duplicate or split access.
Storage Units:
Items in storage should be inventoried and valued. Storage fees and ownership should be addressed in the settlement agreement.
Enforcing the Division of Personal Property
If a spouse fails to comply with the property division terms:
- A motion to enforce the final judgment can be filed;
- The court may issue an order compelling return or delivery;
- Contempt proceedings may follow for willful noncompliance.
A Tampa divorce attorney can file the necessary pleadings and represent clients at post-judgment hearings to recover or enforce property awards.
FAQ: Dividing Personal Property in Florida Divorce
What counts as personal property in a divorce?
Personal property includes any movable assets like furniture, jewelry, electronics, vehicles, artwork, collectibles, and household items.
Does each spouse get half of everything?
Not necessarily. Florida is an equitable distribution state, meaning property is divided fairly, which may or may not be equally.
What happens if we can’t agree on personal property?
You can go to mediation, or the court can decide. Judges prefer that parties resolve personal property themselves.
How do I prove an item is non-marital?
Provide documentation such as receipts, inheritance letters, or evidence showing the item was acquired before marriage or with separate funds.
Can I keep gifts I received during the marriage?
Possibly. Gifts from third parties are generally non-marital. Gifts between spouses may be marital, depending on the circumstances.
What if my spouse sold or destroyed my property?
You may seek compensation or file a contempt motion. The court can award damages or offset the property division accordingly.
Do I have to share my personal belongings like clothing or jewelry?
Clothing and personal effects are usually awarded to the individual. High-value jewelry may be subject to division depending on its origin.
Can the court force us to sell items?
Yes, in some cases, the court may order certain items to be sold and the proceeds divided if the parties can’t agree.
What happens if I leave the house before property is divided?
Try to document your property before leaving. You still have a legal claim, and a Tampa divorce attorney can help protect your rights.
Should I make a list of everything in the house?
Yes. A thorough inventory is the first step toward dividing personal property fairly and efficiently.
Conclusion
Dividing personal property during divorce is more than a checklist exercise—it’s a process that often involves emotion, attachment, and a need for fairness. Florida courts encourage couples to resolve these matters outside of litigation, and with the right strategy, most personal property disputes can be settled amicably.
Whether you are dividing high-value assets, sentimental items, or everyday belongings, working with a knowledgeable Tampa divorce attorney can streamline the process, protect your rights, and ensure the outcome is fair, enforceable, and in line with Florida law. With planning, communication, and skilled legal counsel, you can navigate the division of personal property with confidence and clarity.
The McKinney Law Group: Divorce Lawyers in Tampa Who Advocate for Fathers’ Rights
Fathers play a vital role in their children’s lives. At The McKinney Law Group, we help Tampa fathers protect their parental rights during and after divorce with strong legal advocacy and strategic planning.
We help with:
✔ Securing equal time-sharing and parenting rights
✔ Challenging unfair support or custody assumptions
✔ Negotiating parenting plans that reflect your involvement
✔ Modifying outdated court orders
✔ Representing your rights confidently in court
Call 813-428-3400 or email [email protected] to schedule a consultation focused on your role as a parent.