Legal Question in Wills and Trusts in Canada
Spousal Liabilities
When one spouse dies, is the remaining one responsible for debts incurred by the deceased before and/or after the date of marriage? This is a second marriage and finances have been kept separate. Thank you.
Asked on 3/30/04, 12:12 pm
1 Answer from Attorneys
Robert Maguire
Maguire & Company
Re: Spousal Liabilities
Except in the most exceptional circumstances where vicarious liability is imposed by law, no person is liable for another's debts unless he/she guaranteed the debt or is a joint debtor. It is no different for spouses. A debt of the deceased can attach to the deceased's share of a co-owned asset in some cases, which affects the surviving spouse, but the spouse is not directly responsible for the debt.
Answered on 4/01/04, 12:55 pm
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