Who is responsible for debt in a common-law split?

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Who is responsible for debt in a common-law split?

Unlike married couples, common-law partners are generally only responsible for debts in their own name. However, for joint debts (like a shared car loan), both remain 100% liable to the bank. Mediation is used to decide who will pay the debt or how to refinance it to remove one partner’s name.

Explore court-free divorce options with Legal Boutique

Ontario common-law rules can be different. Book a virtual mediation session with Legal Boutique to clarify support and property options and document fair terms.

Based in Whitby, Serving the GTA & All of Ontario Remotely

Located in the heart of Whitby and proudly serving the Durham Region, Legal Boutique provides accessible family mediation services without the commute. While we regularly assist clients locally in Oshawa, Ajax, Pickering, and Clarington office we also offer vurtual mediation to serve the entire Greater Toronto Area (GTA) and beyond.

Do I need a separation agreement if we don’t have kids?

Yes. Even without children, a separation agreement is vital to formally "waive" or set the terms for spousal support and to finalize the division of property and debts. Without a signed agreement, your ex-spouse could potentially...

How do I prove our separation date to the court?

If your date of separation is challenged, the court looks for "external markers" of a breakup. This includes moving into separate residences, changing your marital status on CRA filings, notifying bank or insurance providers, or—most importantly—having that date...

What happens if my spouse won’t sign the separation agreement?

If a spouse refuses to sign, we first look at the "Why." Often, it is a lack of information or a feeling of unfairness. We use "Shuttle Mediation" to address these concerns privately. If the impasse remains, you may need a lawyer to send a formal offer, but most...

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Areas We Serve

We have optimized our practice to serve the Greater Toronto Area (GTA) and the entire province of Ontario virtually. Whether you are avoiding the commute from Toronto or Markham, or seeking assistance from Ottawa or London, our secure remote process ensures you receive the same high-quality mediation services from the comfort of your home.

Local (In-Person or Remote)

Oshawa
Ajax
Pickering
Brooklin
Bowmanville & Courtice

Greater Toronto Area (GTA)

Toronto & Scarborough
Markham & Richmond Hill
Vaughan
Mississauga
Brampton
Newmarket

Ontario-Wide (Remotely)

Ottawa
Hamilton
London
Kingston
Barrie
Sudbury & North

Who is responsible for debt in a common-law split?