Dividing household goods in a divorce…can’t decide so flip a coin?
A few minutes ago, I happened to hear that old 2006 song, “Give it Away” by George Strait. I listed to the lyrics again and thought, “Why can’t division of household goods in most divorce cases be this easy”?
Here are the lyrics that I am referring to:
She was stormin’ through the house that day
And I could tell she was leavin’
And I thought, “Aw, she’ll be back”
‘Til she turned around and pointed at the wall and said
“That picture from our honeymoon
That night in ‘Frisco Bay
Just give it away”
She said, “Give it away”
“And that big four poster king sized bed
Where so much love was made
Just give it away”
She said, “Just give it away”
Just give it away
There ain’t nothing in this house worth fightin’ over
Oh, and we’re both tired of fightin’ anyway
So just give it away
(SKIPPED A FEW VERSES)
And I said, “Now honey
Don’t you even want your half of everything?”
She said, “Give it away
Just give it away”
Just give it away
There ain’t nothing in this house worth fightin’ over
Oh, and we’re both tired of fightin’ anyway
So just give it away
Unfortunately fighting over dividing household goods is all too common. I can also tell you that Divorce Court Judges HATE spending valuable Court time litigating these issues! Early in my career, believe it or not, I was involved in a Court “fight” for several hours litigating who should get the paper bedsheets for a RV trailer and their bedside “love-making” candle! I admit it was not my finest moment! [By the way, both lawyers tried to chip in $15 each to avoid all this silliness!] So, many Divorce Courts have now established Local Rules to try to avoid this type of litigation.
Montgomery County, Ohio Local Rule 4.40 Division of Personal Property Explained
Montgomery County, Ohio, Domestic Relations Court has done this. Click here to read their Local Rule 4.40 that explains the procedures to follow in their Court if the parties can’t agree. It essentially involves flipping a coin and alternating picks. Be sure to check with your DR Court because all have different approaches to resolving property division disputes, including making 2 “fair” lists of everything and then the Court will flip a coin as to who gets which list.
Ten years ago, frequent guest contributor to this blog, Donna F. Ferber. LPC, LADC, a psychotherapist in Connecticut, wrote a GREAT article about “Tips For Dividing Your Stuff”. It is one of those “timeless” pieces that warrants attention again today! Her “tips” and analysis is still spot-on! Click here to read it. Thanks again Donna! Your perspective is always the best!
Click here to the link to once again listen to George Strait’s, Give it Away. It is my hope that listening to it again might perhaps inspire some folks to mellow out a bit and work together in dividing the household goods. Sweating “the small stuff” is draining both emotionally and financially! Don’t be like my old client and pay your lawyer hundreds of dollars to fight over a half burned candle and paper bedsheets!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
