Other Property in a Separation Agreement
Other Property in a Separation Agreement
The Other Property section of a Separation Agreement is designed to capture assets that do not neatly fit into standard categories such as real estate, vehicles, pensions, or financial accounts.
Under the Family Law Act, all property owned by one or both spouses at the time of division must be accounted for, unless it qualifies as excluded property. The Other Property section ensures that valuable or unique items are not overlooked simply because they do not fall into a typical asset category.
Including these items helps create a complete and accurate division of family property.
Types of Other Property
Other Property may include assets such as:
• Artwork or collectibles
• Expensive furnishings
• Antiques
• Precious metals such as gold or silver
• Valuable tools or equipment
• Cryptocurrency or Bitcoin
• Boats, trailers, or recreational vehicles not listed elsewhere
• Business interests not formally incorporated
Any item with significant value that does not fit under another heading should be included here.
The key principle under the Family Law Act is full financial disclosure. If an item has meaningful value, it should be listed so that the overall property division reflects the true financial picture.
Valuation of Other Property
As with other assets, property is typically valued as of the date the Separation Agreement is made, unless the spouses agree to use a different date, consistent with the default rule under the Family Law Act.
Valuation methods may include:
• Online resale comparisons
• Professional appraisals for high-value items
• Insurance appraisals
• Agreed values between spouses
If there is a loan secured against an item, the net value, meaning the market value minus any outstanding debt, is what is included in the property division.
Personal Property
Most Separation Agreements include a standard clause stating that each person will keep their own personal clothing, personal jewelry, and personal recreational equipment as their sole property.
These items are typically excluded from detailed valuation because their resale value is often low compared to their personal significance.
Household furnishings are usually divided by mutual agreement. Many couples choose to divide furniture and household items informally based on practicality and need rather than strict financial value.
However, if certain household items are particularly valuable, such as designer furniture or collectible pieces, they should be listed and valued appropriately.
Documenting the Division
If you want greater clarity and protection, it is wise to specifically document who will keep particular items.
Using the Personal Property Template allows both parties to clearly record:
• The item
• The agreed value, if applicable
• Who will retain the item
This approach reduces the risk of misunderstandings later and provides a written record of the agreement.
Clear documentation is especially important where items carry financial or sentimental value.
Why This Section Matters
It is easy to underestimate the importance of miscellaneous property. However, disputes often arise over items that were not clearly addressed.
The Other Property section ensures that:
• All valuable assets are disclosed
• Nothing is unintentionally omitted
• The overall division complies with the Family Law Act
• Both parties leave the relationship with clarity
Taking the time to thoughtfully address this section helps prevent future conflict and strengthens the integrity of the Separation Agreement.
Professional Guidance
Even when dealing with personal or unique items, the legal principles under the Family Law Act still apply.
Seeking independent legal advice can help ensure that excluded property is properly identified, that significant items are valued appropriately, and that the final agreement reflects a fair and legally sound division.
A clear and complete Separation Agreement allows both parties to move forward with confidence, knowing that all property, including unique and personal items, has been properly addressed.
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Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.
