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Dividing Personal Property in Separation & Divorce

Published: June 11, 2016

Last Updated: September 8, 2025

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Dividing Personal Property in Separation & Divorce

When you think about divorce, you probably think about all the normal things that you and your soon-to-be-former spouse must split up:  time with the kids, money, the house, and the bills.  But you also have to decide how to divide your personal property.  Whether it’s something as big as an expensive television or as small as box of old books, everything will need a home with one of you or the other.  It can seem overwhelming at first, since up until now you and your spouse have been spending time filling up your home with various items.  But here are a few things to think about as you tackle the problem.

Work with Each Other:  Yes, you’re getting ready to go your separate ways, and you probably aren’t getting along all that well right now. But that doesn’t mean that you have to argue about who gets a spatula.  See what items the two of you can agree on before you head to court.  This will save you some hassle as well as money, since it means there will be less time that an attorney has to work on your case.

Be Reasonable:  This sounds pretty obvious, but many times people allow their hurt feelings over a failed marriage to affect them.  Did your husband’s grandmother give him that quilt?  Then let him have it.  Does that set of dishes hold sentimental value for your wife?  You can buy another one.  Practicality also goes a long way here.  If you have two sets of linens, for example, then it makes sense to split them.  If one of you is moving to an apartment that includes lawn maintenance, then that spouse doesn’t need the lawnmower or the weed trimmer.

Take Inventory:  Make lists or take pictures so you know what you’re dealing with.  If you and your spouse have already agreed on some items, this will help your attorneys understand which items you have already divided and which ones still need to be hashed out in court.  Taking inventory of your possessions will also help you realize which items are most and least important to you.

Appraise Big-Ticket Items:  If there are valuable items that the two of you simply cannot agree on, it could be beneficial to have them appraised.  Remember that its appraisal value, resale value, and replacement value are not all necessarily the same.  Check with your attorney regarding picking an appraiser and who should pay for it.

Pick Your Battles:  It may be tempting to argue for items simply to aggravate your estranged spouse, but this will only make things worse between the two of you.  Instead, think about how much a particular item will matter to you six months or a year from now.  If it isn’t something that you have great emotional attachment to or that you need, consider letting it go.

Overall, combing through your household and splitting your assets doesn’t have to be a difficult project if the two of you can work together, even for just a short time.  The attorneys and the court systems are there to help you, but there’s no point in dragging the proceedings out over the little things.  Try to keep a good balance between your emotions and your economic interests.  Consider each other’s feelings, and only fight for the items that really mean a lot to you.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - property division

If the divorce proceeding is already happening and you do not have a prenuptial, post nuptial, or any other agreement with your spouse outside the divorce proceeding that shields your business from the effects of the divorce, chances are your business may have already been listed as part of the marital or family assets that will be subjected to distribution between you and your spouse.

It is advisable to consult your lawyer or let your lawyer represent or negotiate on your behalf about that matter instead of doing it by yourself.

Arbitrary dissolution or cessation of the business during the divorce process may be construed by your spouse, the mediator, or the judge, as bad faith on your part which may negatively impact the outcome of the distribution of assets in your divorce.

Future inheritances are not taken into account when dealing with the financial aspects of a divorce, but if it is expected that the person making the bequest will die in the near future, and if the inheritance is likely to be substantial, it may be.

You can only sell the matrimonial home with the consent of both spouses.

Under Ontario Law, marriage is considered an equal partnership and it follows that when a marriage comes to an end, the law requires an equal division of the property. The general rule is when a marriage ends, the value of all property acquired during your marriage and maintained through the separation should be divided between equally between the parties.

New rules for pension division upon the breakdown of spousal relationships came into force in Ontario as a result of amendments to the Ontario Family Law Act and Pension Benefits Act. Pursuant to the Family Law Act, the imputed value of married spouses’ pension assets constitutes property. Married spouses who decide to end their marriage are legally entitled to an equalization of pension assets and other property that they have amassed together during the marriage. If you are contemplating separation or divorce in Ontario, it is critical to receive legal advice about the division of pension assets in order to ensure you understand and protect your rights.

The new rules in Ontario for pension division apply to all spouses whose relationship has broken down, unless a court order, family arbitration award or domestic contract provides otherwise. Under this new regime, pension plan members and their spouses may apply to the plan’s administrator for a statement of the imputed value of each spouse’s pension benefits, deferred pension or pension. The pension administrator will first calculate the total value of the pension up to the family law valuation date. The administrator will then calculate what portion of the preliminary value of a pension is attributable to the period of the marriage, i.e. the imputed value of a spouse’s interest in a pension plan.

Once the value of pension is calculated, the value will be included in the pension holder’s net family property, along with his/her other assets, for the purpose of calculating the equalization payment. After the equalization payment is calculated, up to 50% of the value of the pension may be transferred from one spouse to another in order to satisfy the equalization payment in whole or in part.

Contact Gelman & Associates to learn how experienced, forward-thinking, family law lawyers can ensure your pension entitlements are protected during separation or divorce. Call us at (844) 736-0200 or contact us online for a confidential initial consultation.

There are many ways for you to keep your inheritance separate from your spouse, such as saving all proof, like photos and records, that show that the estate was intended for you alone.

It is illegal to hide money or assets from your spouse in the case of a divorce.

The best way to protect your business during a divorce is to designate it as separate property in a prenuptial agreement. Your pre-nuptial agreement will serve as a protection because it ensures that your business is still a separate entity no matter how much your spouse contributes.

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If you need legal advice regarding property division matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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