When couples separate, a question often arises: who keeps what? Who gets the car, the couch, the furniture, the pets? What can you do if your ex refuses to give your things back? It depends on who bought what, and the legal status of your relationship (whether you’re married, in a civil union, parental union or common-law relationship).
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This article in short:
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Dividing property depends on your relationship
Deciding who gets what during a separation is called the division of property.
In legal terms, property is anything that has value and can be owned, for example, a car, furniture or electronic devices.
To know how to divide your property, you must first know the legal status of your relationship, for example, whether you’re married, in a civil union, a parental union, or a common-law relationship (de facto union). The rules change depending on the type of relationship. If you’re not sure which relationship you have, consult a lawyer or notary.
If you’re in a common-law relationship, check if you’ve signed a cohabitation agreement that says how you’ll divide property if you separate.
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Important! As of June 30, 2025, a new regime applies to parents who are in a common-law relationship in Quebec: the parental union. Unmarried couples who had or adopted a child together on or after this date are automatically in a parental union. A parental union creates specific rights and obligations for parents, especially if they separate. |
General rule: You keep what you bought
Generally, this is what the law says:
- If someone gave you something, or you bought it yourself, it belongs to you even if your ex used it. You can keep it or sell it.
- If you bought something with your ex, you’re co-owners. You must agree to keep it, sell it, or buy an ex’s share.
For example, if you and your ex bought a $1,000 couch together, and you want to keep it, you can pay them half the value ($500). Otherwise, you can sell the couch and share the money.
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Important! If you and your ex bought something on credit, for example, with a loan or through monthly payments, the person whose name is on the contract is responsible for that debt, even if that person no longer has the object. To learn more about property bought on credit, read our article on debts and expenses after a separation. |
How do you know who bought what?
Over time, it can be hard to remember who paid for what. Different types of evidence can help:
- bills or receipts,
- bank statements,
- e-mails and text messages, or
- proof of online payment.
What about pets?
The law says animals are sentient beings (meaning they feel things), and not property. But property law still determines who owns an animal. So whoever buys or adopts a pet owns the pet.
If you and your ex co-own a pet, you can prepare a written agreement on these issues:
- how you’ll share time with the animal (for example, every other week), and
- who will pay for things like the animal’s care, food and insurance.
If you can’t come to an agreement, the court can decide for you in some cases. To do so, the court will take several factors into account, such as:
- the name registered with the veterinarian,
- who pays for the animal’s care,
- whether or not there has been neglect or abuse,
- each person’s ability and willingness to care for the animal,
- the emotional bond with the animal,
- if there are several animals, how they get along with each other.
To learn more about your rights and responsibilities as a pet owner, visit the JuridiQC webpage on animal custody after a separation (French only), or the Montreal SPCA website
Special protections for couples who are married, in a civil union, or parental union
For couples who are married, in a civil union or parental union, some property in the family residence is protected.
It’s the house, apartment or other lodging where the family lives on a daily basis and does their primary activities, like sleeping, eating and raising children. For example, if you have an apartment in the city, and a cottage that you visit a few weekends a month, only your apartment would be considered your family residence.
Protected property
Property in the family residence that’s used for family life is protected, no matter who bought it. This includes:
- furniture (like tables, chairs and couches),
- appliances (like fridges, dishwashers and stoves),
- electric or electronic devices (like coffee makers or televisions),
- decorations and works of art.
You need your ex’s agreement, or court authorization, to do some things with property in the family residence. Without permission, you can’t:
- sell protected property,
- mortgage it,
- give it away, or
- take it out of the home.
These rules are meant to protect property that’s essential to family life, and to prevent someone from selling or taking something important without their ex’s agreement.
Property that isn’t protected (personal property)
Some property remains personal property even if it’s in the family residence. This property is not protected. This includes:
- personal clothing or jewelry,
- personal keepsakes,
- work equipment, or
- private collections.
For example, a photographer who works from home can take their camera and computer because these items are used for work, not family life. But the photographer can’t sell the family coffeemaker, even if they bought it.
What you can do if your ex doesn’t follow the rules
If your ex sells, gives away or takes protected property without your permission, you can ask a court to intervene. Depending on the situation, the court could:
- cancel the sale, gift or agreement that was made without your consent, or
- give you money to compensate for losing the property.
How long protections last
As long as the home you lived in with your ex is considered the family residence, you’re entitled to these protections. The protections can last even after you and your ex no longer live there together.
Whether your home is still a family residence depends on who’s living there, and your intentions. For example, if the kids are still in the home with one parent, it can still be considered the family residence even if the other parent moved out several months ago.
If you’re not sure whether your home is still a family residence, you can consult a lawyer or notary.
If you can’t agree
If it’s too difficult or conflictual to discuss dividing property, you have other options.
1. Family mediation
In family mediation, a neutral person helps you and your ex come to an agreement. It’s often faster, less expensive and less conflictual than going to court. In Quebec, separating parents can often get free hours of family mediation.
2. Going to court
If mediation isn’t enough, or the situation is too difficult, you can go to court. The court can do these things:
- decide who owns what property,
- order someone to give back property,
- order financial compensation if someone keeps common property,
- allow one of you to temporarily use property,
- transfer family property to one of you.
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Important! Deadlines are important. Generally, you have three years to go to court. But if you’re in a parental union, you must act within 120 days of the end of your union to benefit from special protections. After that date, you could lose rights. |
Safely get back personal property
If possible, you and your ex can arrange a time to pick up personal property. You can ask a loved one or your lawyer to go with you. If you’re worried the situation could get out of hand, you can ask the police to accompany you.
In some cases, you can also ask the court to set a date and time to pick up personal property.
To better understand your rights when picking up personal property, read the JuridiQC page on getting back furniture and personal belongings after a separation (French only).