Ask a Lawyer: Insolvency, Bankruptcy, and Foreclosures

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Common Law

Dianne (Calgary)

Hello. If 2 people have lived together for 5 years. Do not share anything financially, do not have shared bank accounts, do not file taxes together, do not own anything together. No children together. Can one person be penalized for the other person's debts with the government? Does "common law" come into play even if you haven't filed as common law with the government?

0 12 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

Even if people are "common law", "adult interdependent partners", or spouses, that doesn't give creditors the right to go after the partner/spouse. The partner/spouse would have had to agreed to or guarantee the debt.

There are some exceptions though, for example if you transfer property to a partner/spouse and then they sell it for more than the original purchase price and don't pay their capital gains tax, then the government can sometimes pursue the original owning partner/spouse for the tax. I'd recommend speaking to a lawyer to determine whether an exception applies.


0 11 months ago

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