Legal Question in Wills and Trusts in Canada
common law responsibilities in regards to debt
If a couple has been living together for 2 years and he has about 50,000 in debt in his name alone, would his common law spouse be legally responsible for that debt if he were to die?
Asked on 3/29/04, 3:55 pm
1 Answer from Attorneys
Johanne Amonson
Johanne L Amonson, Q.C. Prof Corp
Re: common law responsibilities in regards to debt
No not unless the borrowing by him was actually for her benefit and he was just a front. This is very difficult to prove. This would be a very unusual situation. Under ordinary circumstances, absent a personal guarantee or some other acknowledgment of the debt by the spouse---No.
Answered on 3/31/04, 10:43 am
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