In addition to dividing assets and debts, Delaware Family Court has the authority to divide marital personal property such as furniture, dishes, candlesticks and televisions. If the parties cannot agree on the division of this type of property the Delaware Family Court does not typically hear evidence at trial over which party should receive the living room furniture or the big screen television. Rather, the Court utilizes what it calls the “two-list method.”
Here’s how it works: One party prepares an inventory of all the marital personal property dividing it into two lists (“List Maker”). The List Maker then provides both lists to the other party (“List Recipient”). The List Recipient selects one list and returns the other list to the List Maker. Each party then gets to keep the items on their respective list. The thought is that the List Maker will create two equally appealing lists because he or she does not know which list they will retain. And with that, the marital personal property is divided.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Leslie Spoltore focuses her practice on family law, handling all aspects of the Delaware Family Court’s jurisdiction including, divorce, alimony, property distribution, prenuptial agreements, adoption, guardianship, permanent guardianship, child support, child custody, protection from abuse. She works out of the firm’s Wilmington, DE office and can be reached at 302-840-1110 or at Leslie.Spoltore@Obermayer.com