Edmonton Divorce and Property Division: Can My Ex Take My Tools, Truck, or Tractor?
By Benjamin Szalay-Anderson, Family Lawyer, Edmonton and Calgary
For many in Edmonton and surrounding communities, property division after separation isn’t just about the family home — it’s about tools, trucks, and equipment that support a trade or small business. These assets often blur the line between personal and business property, leaving people uncertain about their rights. In this blog, we’ll answer common questions about how these assets are treated during property division.
What Counts as Property in an Alberta Property Division?
Dividing property after a separation falls under the Family Property Act. This Act provides all the rules for division of property for spouses and adult interdependent partners (also known as common law partners). Under the Act, the court may make an order dividing all the property owned by either of the spouses or adult interdependent partners. This includes the family home and household goods, which are defined terms under the Act, but also includes all other property owned by either party. Everything that you and your ex-partner own that can be attributed a monetary value is considered “property” and is subject to division upon separation.
Exempt Property: What Doesn’t Get Divided
There are exceptions to the property that is divided under the Family Property Act. Notably, the Act exempts any property that was purchased prior to the relationship from the division between the parties. However, the burden to prove that the property was purchased prior to the relationship falls on the party trying to prove the exemption. Some tools, trucks, and tractors can last for a long time – longer than some relationships and keeping receipts around as evidence to show when they were purchased could lead to them being exempted from the division and remaining totally in your possession. However – if an exempt item is placed into joint names, part of the exemption is removed, unless agreed otherwise by the parties.
How Can I Keep My Tools, Truck, or Tractor in a Divorce?
If you want to keep the tools you rely on for work, you’ll usually need to balance that by giving the other party something of equal value. Property of a similar kind is often divided one-for-one, and financial accounts are then used to make up any difference in equity.
Example: Dividing a Work Truck and Family Vehicle
For example, let’s say John owns a truck that he has outfitted for his welding operation. The family also owns another vehicle for their day-to-day commuting. Often John will take the work truck while Taylor takes the commuter vehicle. If there is any difference in estimated value between the vehicles, then that will be evened out by an equalization payment between the parties. This ensures that John can continue to work on site and earn an income, and Taylor can still get to the office.
Valuing Tools and Trade Equipment
Some tools may not have obvious equivalents — for example, John’s welding gear and materials won’t have a counterpart that Taylor would need for office work. In some cases, however, there may be comparable items; if Taylor works from home and owns a high-value PC, that could be used as an exchange. When no equivalent exists, the tools may need to be professionally assessed for their value so they can be fairly accounted for in the division. If the parties are amicable, other flexible solutions can also be used to balance out the property division.
Can My Ex Keep My Tools or Truck and Stop Me From Working?
Separations can sometimes get messy, and one party may try to cause harm by holding on to the other’s tools, vehicle, or other means of earning a living. While this can happen, it is not a wise path to take. In Alberta, spousal or partner support takes into account the economic consequences of a relationship breakdown. If one partner prevents the other from earning their own income, they may be required to compensate that partner through spousal or partner support, or they may see their own entitlement to support reduced. What can I do to protect myself and my important possessions?
To protect yourself and your ability to earn an income, there are several steps you can take. The first step would be to get an agreement with the other party so that you can continue to use your tools, truck, or tractor, free and clear of any claim they may bring.
When to Seek a Court Order for Possession
If the other party is not willing to agree to an interim separation of property, you may need to proceed with legal force. Legally, as a last resort you can bring an application to court to ensure that you have possession of the items you need to earn a living. This process is expensive and takes some time, so it’s never the first option, but it may be necessary.
Why a Separation Agreement Can Save You Time and Money
However, taking proactive steps early can help avoid costly disputes later. This is one of the reasons why a separation agreement can be so valuable for people who want clarity around property division rather than leaving the outcome uncertain or in the hands of a judge.
By creating a prenuptial, cohabitation, or separation agreement, couples can clearly outline who owns which property, helping prevent future conflict about ownership and division.
In an agreement, you can remove any claim your partner may have to specific properties, financial accounts, or other assets — including their growth over time — while still retaining the option to put them in joint names without giving up your interest.
This helps parties create more flexible solutions while still protecting themselves and their property. While these agreements are expensive, they offer more than their fair share in value when considering the financial protection they provide, on top of avoiding court should the relationship break down.
Speak With an Edmonton Family Lawyer About Property Division
At Crossroads Law we have seasoned family lawyers ready to advise you on any of your property division questions or concerns.
Speaking with a family law professional can help you prepare for the future or provide you with actionable steps to protect your property and enforce your rights.
Contact us today to book your free 20-minute consultation.
