Home Assets list by Solicitor?

[TomR22457]

I am new here, and am progressing through a divorce, about to come up to my 2nd FDR court hearing after 18 months.

I have been asked to write out an assets list of my former home where the STBX still lives.

 

Due to complications, I've not been allowed back and wouldn't want to try.

 

I have been told to list room by room the belongings that we had together, just to put forward to a court with regards

any possessions i would like, instead of her just assuming she gets to keep everything

 

Has anyone ever done this before? and if so how?

 

I don't necessarily want to take 50% of everything as I have moved out to temporary accomodation, but just how to play this (without causing trouble by taking the bigger items to spite her on purpose)

So basically, a list of everything down one side, and then from that list, just what I would like?

 

I don't really want anything, as I am having to start again, and would prefer a lump sum value to purchase items, even s/h as I need them, but its just to put forward.

 

Has anyone done anything like this before?

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[PegNosePete]

The legal term for what you're talking about is chattels.

 

The thing you have to understand here is that chattels are rarely worth the time, effort and legal fees associated with them. They are only ascribed their "like for like" value which means 2nd hand. Furniture and electronics, which comprise most chattels, have particularly high depreciation rates. For example I bought a 50" TV a few years ago for £800. Now you can get a much better, 50" 3D Smart TV for £500 or less. I'd be lucky to get £200 for my old 2nd hand TV, even though it's just as good as the day I bought it!

 

Here's what I'd do. Make a list of all the items in the house which you consider matrimonial property, the age of the item, what it was worth new and the condition. Then write down what you think you could get for each item on eBay. Probably it will be significantly less than what you paid for it. And if your STBX is looking after kids in the house then you can forget about taking the family TV or the dining table or the beds because your wife will claim them on the basis of the children's needs, which trump your needs. In fact, the fact that you're living in other accommodation and presumably have a table, chairs, bed etc will mean she's likely to keep the majority of the stuff anyhow.

 

Now you have a list, halve that value, and figure out how much it will cost in solicitors bills to fight for those items. If the chattels are standard stuff then the figures rarely add up. You might get the old TV and dining table but you'll have paid £5k in solicitors fees. Some people fight over every item out of pride but it's a Pyrrhic victory at best. You have to pick your battles here. Unless there are expensive items in the house such as fine art or antiques, it's rarely worth fighting over.

 

If the figures don't add up then just give your solicitor the bottom-line value of the chattels and tell him you want to save fees by not fighting over them. It might sting your pride but in most cases it's simply not worth it.

[TomR22457]

The legal term for what you're talking about is chattels.

 

The thing you have to understand here is that chattels are rarely worth the time, effort and legal fees associated with them. They are only ascribed their "like for like" value which means 2nd hand. Furniture and electronics, which comprise most chattels, have particularly high depreciation rates. For example I bought a 50" TV a few years ago for £800. Now you can get a much better, 50" 3D Smart TV for £500 or less. I'd be lucky to get £200 for my old 2nd hand TV, even though it's just as good as the day I bought it!

 

Here's what I'd do. Make a list of all the items in the house which you consider matrimonial property, the age of the item, what it was worth new and the condition. Then write down what you think you could get for each item on eBay. Probably it will be significantly less than what you paid for it. And if your STBX is looking after kids in the house then you can forget about taking the family TV or the dining table or the beds because your wife will claim them on the basis of the children's needs, which trump your needs. In fact, the fact that you're living in other accommodation and presumably have a table, chairs, bed etc will mean she's likely to keep the majority of the stuff anyhow.

 

Now you have a list, halve that value, and figure out how much it will cost in solicitors bills to fight for those items. If the chattels are standard stuff then the figures rarely add up. You might get the old TV and dining table but you'll have paid £5k in solicitors fees. Some people fight over every item out of pride but it's a Pyrrhic victory at best. You have to pick your battles here. Unless there are expensive items in the house such as fine art or antiques, it's rarely worth fighting over.

 

If the figures don't add up then just give your solicitor the bottom-line value of the chattels and tell him you want to save fees by not fighting over them. It might sting your pride but in most cases it's simply not worth it.

 

Hi PegNosePete

 

Thanks for your reply.

 

I totally agree with you, and even though its a lovely house with assets in to match, I don't think this is really worth it personally.

 

My solicitor said to not even worry about the costs or value, but to just put down everything that I can remember in each room (as its been so long!) which I think I have done quite well.

 

Then just list what you'd be prepared to take ie: if 2 bedrooms, then one bed is spare, plus 3 tv's then I could have a TV DVD player too etc.

 

I think this is to show willing.

 

I would rather not have anything as I have no room at moment as living in friends house, to have a bed, wardrobe, TV etc so would rather have a lump sum allocated to starting again when I get somewhere?

 

I suppose he is thinking that she will fight and say NO he's not having these bits, so that we can settle on a lump sum (albeit small) just for furnishing a new property?

[PegNosePete]

I suppose he is thinking that she will fight and say NO he's not having these bits, so that we can settle on a lump sum (albeit small) just for furnishing a new property?

If she will fight over some old furniture then she'll definitely fight over a cash lump sum payoff. And the cost of fighting might be higher than the payoff.

 

If you need to furnish a new house then that can be brought up separately from chattels. If I were you I'd write the list of chattels as you've been asked to, but say you don't want any of it. Then in the section that asks about your housing needs, mention that you need to buy all new furniture and estimate the cost - which will probably be higher than the 2nd hand value of the old stuff, anyway