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3 tips for dividing property when you can’t compromise

| Jun 3, 2021 | Family Law |

As you go through your divorce, there may be times when you simply cannot compromise.  Your spouse might want to settle your marital estate by taking the family home or keeping your vehicle, but there are some items that you may need or want that you will not be able to negotiate.  Certain assets mean more to you than they would to someone else, and it’s reasonable for you to want to keep those close to you.

If you cannot compromise and give up a specific asset, there are a few things you can do to help keep the divorce moving forward and to have your spouse agree to give up those assets.  Three ideas are to:

  1. Give them a different, potentially more valuable, asset to make up for the request
  2. Prove that the asset is a separate asset, not a marital asset
  3. Buy the asset from your spouse directly

Here’s more about what you can do to resolve your property division issues.

You can give up assets to get what you want

As an example, think about the family home.  If you and your spouse both want the home, it may be difficult to convince them to let it go.  This is particularly true if they’ve put more time or money into the property.

In that case, you could give them another asset that they’re interested in, even if it’s valued higher.  For example, if you have a yacht or second property, you might offer one or two of those assets in trade to keep the property you want.  This may be done at a loss in some cases.

You can also try separating your property

Another option may be to prove that the asset is a separate piece of property.  For instance, if your spouse is trying to keep your vehicle and you can show you purchased it before your marriage, then they will not have access to it during the settlement process.

You can pay cold, hard cash

Third, if you really want an item they don’t want to give up, you could offer to buy it outright.  Liquid cash can sometimes make a difference, because divorce may put a financial strain on your spouse.  The appeal of having cash in hand could get them to agree to give up the asset you want.

Your attorney can go over these options with you.  There are ways to get what you want, even if it means taking your arguments to court.

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