Anderson & Boback Logo

The “Personal Property” Fight

Categorized as Property Division

Some of the items that divorcing parties become the most concerned about during their divorce are items that we classify as “personal property”. We classify electronics, such as televisions, Blu-ray players, Blu-ray collects, MP3 players, etc., as “personal property”.  We also classify other things as personal property that surprise a lot of divorcing parties.  For example, under Illinois law, pets, such as dogs, cats, birds and more, are also treated as “personal property”.  Jewelry (not heirlooms) is personal property.  So are books, furniture, bicycles, sporting goods, golf clubs, and clothing.

Many parties wonder how personal property will be divided upon divorce.  The best way to divide personal property is for the parties to organize this amongst themselves without utilizing the court system or their attorneys.  It is not cost effective for attorneys to charge parties to divide items of what are generally considered to be of nominal value (as opposed to larger assets such as retirement accounts or real property). Most clients are able to divide personal property on their own without attorney intervention. Specific items, such as family heirlooms, photographs and other items of sentimental value may require attorney intervention. However, generally divorcing parties can figure out who will take which television set.

One of the reasons why parties are able to divide personal property on their own is because they learn from their attorneys that if they disagree as to who will retain specific personal property, the Judge usually will order it sold and that the parties are to split the proceeds. This goes for pets as well, unfortunately. So, most parties are able to figure out some sort of arrangement, for fear of their property becoming sold for cash. It is most cost effective for parties to try and divide personal property amongst themselves, and only to get attorneys involved for items of larger or sentimental value, and most divorcing parties are able to do this on their own.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870