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How do you divide your child’s property in divorce?

On Behalf of | Jul 22, 2021 | Firm News

When you are trying to divide your child’s property following a divorce, you may find that it is difficult to do so. You know that they need a bed in each home, lighting for their room, favorite toys and other items.

In some cases, duplicating items and having them in both homes is possible, but that can be costly. Before you decide to go out and buy items, it’s worth asking who is going to keep what you already have.

Your child’s property is your property

In most cases, your child’s property will be considered marital property. This excludes some things like gifts or inheritances, but on the whole, it will still be your responsibility to decide how to divide up that property with your spouse. Many parents opt to leave the property in the established home where the child will live. So, if one parent isn’t moving, then the child’s assets could stay there. On the other hand, if both parents are moving, then the property may need to be divided up between homes.

Think about what’s best for your child

Think about what’s best for your child under these circumstances. For instance, if you know that your ex-spouse won’t be able to afford furniture for your spouse but you can, you should consider allowing them to keep that furniture to make their home more comfortable for your child. On the other hand, if both of you are able to afford new items, you may want to split up the furniture or have one of you keep the set while covering the cost of a new set with the other parent.

Dividing property isn’t always simple, but if you put your child’s needs first, you’ll do what’s best for them.