Dividing collectibles during a divorce often involves more complexity than it first seems. These items may carry emotional significance, but courts prioritize their monetary value. If you or your spouse owns high-value items like artwork, rare coins, or sports memorabilia, the court may include them in property division. Strong sentimental attachments to specific items often lead to disagreements, which can make reaching a fair agreement more difficult.
What counts as a collectible?
Collectibles include anything you hold for its rarity or investment potential. Common examples include fine art, antiques, rare books, coins, stamps, comic books, and classic cars. If you purchased the collectible with joint funds or its value increased during the marriage, the court typically treats it as marital property. Even items you owned before the marriage may qualify for division if they gained significant value during the marriage.
How value gets determined
Before dividing any collectibles, the court needs an accurate valuation. A qualified appraiser usually performs this task. Courts use the item’s current market value as a reference. You and your spouse can agree on the value, or you may each hire your own appraiser if you disagree. Receipts, photos, and reports help verify an item’s worth. Maintaining records from the start makes this part of the process more efficient and less stressful.
Who gets what?
New Jersey law uses equitable distribution to divide property fairly. This approach doesn’t guarantee a 50/50 split. Courts evaluate factors like who bought the item, how each spouse used it, and who has a stronger connection to it. Judges often offset the collectible’s value with other assets to balance the outcome. This method works especially well for one-of-a-kind or high-value items.
Try to resolve these issues outside of court. If both of you want the same item, consider selling it and splitting the money. If one of you wants to keep it, the other can request comparable assets. Keep detailed records and understand the value of each item to reduce disputes. Early discussions and clear documentation help protect your interests.