What happens to debts after a divorce?

In Québec, debts after divorce are treated according to the Civil Code of Québec and depend on their nature. Each spouse remains solely responsible for their personal debts, except for joint debts or those incurred for family needs under articles 397 and 398 C.c.Q. When the family patrimony is divided (arts. 415–418 C.c.Q.), the net value is calculated by deducting the debts related to the family property (such as mortgages or car loans). Under the partnership of acquests regime (arts. 449, 459, 465, 476 C.c.Q.), debts are not shared—only positive values (“acquests”) are divided. If one spouse has only debts, no partition occurs. The court may also consider debts when assessing spousal support under Divorce Act s. 15.2.

Civil Code of Québec, arts. 397, 398, 415–418, 449, 459, 465, 476 Droit de la famille – 14146 (C.A., 2014) Collection de droit – Famille, Ch. 08 (“Société d’acquêts”), Ch. 07 (“Patrimoine familial”) Loi sur le divorce, s. 15.2 (spousal support impact on debts)

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