Breckenridge, CO asked in Family Law and Real Estate Law for Colorado

Q: What are reasonable 'personal items' in a separation agreement?

One party (staying party) is keeping the house and it's content, except for the other's (leaving party) personal items. Where would pictures taken, framed and hung by the leaving party party fall? As house content or personal items. The pictures and their frames can be removed from the wall without any tools. Thanks.

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: If these items are important to the parties, their disposition should have been detailed in the agreement. Suggestion for photos: have copies made and each gets a set.

Stephen J. Plog
Stephen J. Plog
Answered
  • Denver, CO
  • Licensed in Colorado

A: Pictures would generally be household content not personal items. However, if the person leaving had the pictures before marriage they are theirs. If they were gifted to them during the marriage they are theirs. There is not clear rule saying what is personal items and what is not. Generally, that would be clothes, toiletries, personal effects, etc.

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