In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
Marital debt includes any financial obligations incurred during the marriage, regardless of whose name is on the account or who made the purchases. Separate debt refers to debts incurred before the marriage or after the separation, and these generally remain the responsibility of the spouse who took them on.
Many people are surprised to learn that in Canada spouses do not share responsibility to creditors for each other's debts unless they have specifically co-signed on joint debts together. Simply put – your spouse is not responsible for paying your creditors for your debts just because they are your spouse.
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.
How To Write a Separation Agreement Name and address of both spouses. Details of the marriage. Beginning date of the separation. Statement of the intention to separate. Terms of use of the agreement. Specifications regarding the division of assets and the shared financial or child responsibilities of both parties.
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it. There are a few exceptions.
The provisions in Ontario's Family Law Act (FLA) that govern the division of property apply only to married couples, not to common-law couples. Each partner in a common-law relationship is therefore entitled only to whatever he or she brought into the relationship or acquired during it.
Each spouse is entitled to half the value of the family property. ing to the law, the value of property owned during the marriage that still exists at the date of separation is to be divided equally between the spouses.
In Ontario, common law spouses do not have the same property rights as married couples. Whatever is in your name, remains in your name. If the house is solely in your name, then you can remove your ex at anytime of your choosing. Tenancy laws are not applicable in shared accommodations.
Common law couples do not have statutory property division in Ontario. So no, she does not get half your house or your savings automatically .