Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida law requires equitable distribution of marital property in divorce cases. Furniture and items purchased or received during the marriage or anticipation of the marriage (wedding gifts: Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)) are considered marital property and subject to distribution. Equitable distribution is based on the value of the property and furniture. The idea is to give each party the same monetary value of property.
The difficulty with equitable distribution is determining the actual value of the furniture is questionable and often requires parties to get a valuation of the property. Valuations can be one by appraisers that specialize in valuing furnishings. If the parties do not agree on the furniture and personal property appraiser, then they may each hire their own and have that individual testify at the divorce hearing for the judge to determine the actual value of the property.
It is a good to speak with a divorce lawyer regarding your rights and options when going through a divorce. In addition, the divorce attorney can help walk you through the process and help to ascertain the best outcome for you in the proceedings.