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Separation and Divorce or Death of a Spouse: Property Division

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Debts

In both married and common-law relationships, each spouse is usually responsible for only their own debts, unless there is an agreement saying who is responsible for which debts.

But if both spouses signed a loan agreement, either spouse can be responsible for the entire debt. This means if one spouse does not pay back the loan, the other spouse has to pay it back even if they did not benefit from it. This is true for any 2 people who sign a loan together, whether or not they are spouses.

When married couples separate their debts are taken into account when calculating each spouse's NFP. See Equalization to learn how to calculate NFP.