Do you really want to fight over the Tupperware?

May 14, 2009

One of the most challenging projects for couples who are splitting up is the division of household items between them.  While the divorce court evaluates property based upon its fair market value, most people going through a divorce are concerned about the replacement value of these items.  After all, who wants to go through life without a working computer, or proper bath towels? 

Fair market value of used household goods tends to be dramatically less than replacement value.  And so the debate ensues.  In my practice, I typically encourage clients to resolve these disputes on their own, with their spouse.   Judges usually would prefer not to hear disagreements about why it is not fair that the wife got the good set of dishes, or why the husband’s tools are worth more than the Precious Moments collection, even when these items are extremely important to the litigants in their Courts. 

If spouses are unable to work out the division on their own, often a personal property appraiser is retained to value the household items.   An appraiser is an expert in determining the fair market value of an asset.  In this context, the role of the appraiser is to go to all of the locations where the personal property is located, view the items, and submit a report itemizing and valuing “the stuff.” 

With the assistance of an appraisal, the question of what things are worth is usually resolved based upon the appraiser’s opinion.  Even if spouses cannot agree upon the division of items, having the valuation issues resolved greatly reduces the amount of time and effort spent on presenting any necessary issues to the Court for decision.  The cost of an appraisal in my area is typically between $300-500.  Although not a drop in the bucket, when compared with the cost of having the fight, it is money well spent.

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One Response to “Do you really want to fight over the Tupperware?”


  1. […] to you, and where you want to focus the greatest amount of resources.  For example, rather than fighting over the Tupperware, wouldn’t you rather make sure you get a fair share of your spouse’s […]


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