Do Common-Law Spouses Share Each Other’s Debt

In Ontario, there is no property division between common-law couples. That means that, as a result of their relationship, they do not share in the value of each other assets or their debts. Your common-law partner’s debts are hers, and yours are yours. You can share in each other’s assets and debts only if you make them joint, either explicitly or by treating the assets as joint assets over a long period of time.

Living common law in Ontario is very different from being married. There is a strict definition of what being common law means, which may or may not even apply in your situation. If you are common law, the main consequence is entitlement to spousal support.

You might also want to watch this video on common family law mistakes that people make and how to avoid them. However, none of that will be as good as getting a consultation with a good family law lawyer who can explain how the law applies to your specific circumstances. A Certified Specialist in Family Law, is a good place to start, as the Law Society of Upper Canada has recognized that person as a top family law/divorce lawyer. You can contact John Schuman, using the phone number at the top of this page, or the contact form below. You can also use the contact form to comment on this page. 

You may also want to get a copy of this $20 easy-to-understand book about Ontario Family Law because it explains the basics of all that applies to common law couples and also explains court and the other options to resolving problems with a common law relationship ends. 

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