10 Ways to Divide Property Without a Fight

  1. Barter: Each party takes certain items of property in exchange for other items. For instance, the car and furniture in exchange for the truck and tools.
  2. Alternate choosing items:  The parties take turns selecting items from a list of all the marital property, without regard for the value of items selected.
  3. One party divides, the other chooses: One party divides all the marital property into two parts and the other party gets the choice of parts.
  4. One party values, the other chooses: One party places a value on each item of marital property and the other party gets the choice of items up to an agreed share of the total value.
  5. Get items appraised and alternate selecting items:  A third person (such as an appraiser) agreed upon by the parties places a value on contested items of marital property and the parties choose alternately until one party has chosen items worth his or her share of the marital property.
  6. Sale: Some or all of the marital property is sold and the proceeds divided.
  7. Secret bids: The parties place secret bids on each item of marital property and the one who bids highest for an item gets it. Where one receives items that exceed his or her share of the total value, there will be an equalization payment to the other party.
  8. Private auction: The parties openly bid against each other on each item of marital property. If one party gets more than their share, an equalization payment can be made.
  9. Arbitration: The parties select an arbitrator who will decide the matter of valuation and division after hearing from both parties and considering all evidence.
  10. Mediation: The parties select a mediator who works to help them reach an agreement on the matters of valuation and division.