Common-law separation, splitting savings/debt

Question

Scenario: Two people join enter into a common-law living arrangement. One person has a savings account, the other person has a debt. If anything goes wrong, is there any way the person with the savings could be held responsible for the debt?

Answer 1

I am not a lawyer. You will want to seek legal advice here, as my response should not be relied upon. You have not yet specified a province and the rules differ from province to province, and are likely significantly different in Quebec; I think Quebec does not recognise common-law couples.

The person with the savings account would not be held responsible for the debt, except in the case of a death (and then only as part of settling up the estate). However, it is possible that spousal support could be ordered in the event of a breakup. Although unusual outside of an actual marriage, this is not impossible. It's more likely if the partner with the debt gave up their career so as to raise a child, for example. In this case, the debt would not be transferred, but spousal support may be ordered.

In some cases, partners make up a written agreement before entering into a common-law union. In that case, the debt may be specifically mentioned.