When a couple separates, debts and contracts signed during their life together won’t disappear. Loans, credit cards, mortgages, rent: everything you signed together or separately still has to be paid, even if you no longer live under the same roof. If you can’t come to an agreement, you can try mediation or let the court decide.
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This article in short
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What type of union are you in?
When a couple divorces or separates, dividing debts and expenses is an important step.
You must first figure out what type of union you were in: marriage, civil union, parental union or common-law relationship. The rules for each of these unions are different. If you’re not sure which one you were in, consult a lawyer or notary.
If you’re in a common-law union, verify whether or not you signed a cohabitation agreement that states how your debts and property will be divided.
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Important! Since June 30, 2025, a new regime applies to parents who are in a common-law relationship in Quebec: the parental union. Unmarried couples who had a child together or adopted a child on or after this date are automatically in a parental union. A parental union creates specific rights and obligations for parents, especially if they separate. Read our article on parental union to see if this applies to you. |
Current debts
Some debts belong to one partner, while others are shared. You’ll have several options and choices to make depending on the type of debt you have.
Personal debt
Generally, you and your ex-partner are still responsible for your own debts. If a debt is only in your name, you have to keep paying it even after you break up.
For example, if you have a credit card, line of credit or car loan to your name, you’re still responsible for them after the breakup.
Shared debts
A debt is shared if you both signed the contract. For example, a joint loan or joint line of credit are shared debts. In this case, you’re both responsible for the debt to the bank or creditor, even if you’re no longer together.
In these circumstances, there usually can be two types of debts:
- A “solidary” debt: this means the bank can claim 100% of the debt from you or your ex-partner, regardless of what you personally agreed to.
- A “Joint” debt: this means that each person pays their share only (for example, 50% of the debt).
Verify your contract to find out which situation applies to you.
If you separate from your partner, you have to decide what you’ll want to do with your shared debts. For example, you can:
- cancel the contract, if the creditor agrees,
- remove one of the two names from the contract, if the creditor agrees, or
- work out an arrangement with your ex-partner on the way to split payments.
But be careful: even if you and your ex-partner agree on how to split the payments, it will have no value to the bank or creditor. The conditions of the original contract continue to apply unless the contract is officially modified.
For example, you and your ex-partner can agree to pay back a debt 50-50. But if the contract states that it’s a ‘‘solidary’’ debt and your ex-partner doesn’t pay, the bank can make you pay the entire debt.
Paying off your ex-partner’s debt
In some cases, you could decide to pay your ex-partner’s debt, especially if you’re trying to avoid consequences such as your property being taken or a bad credit score. For example, if you have a joint credit card and your ex-partner stops making payments, you can decide to pay off the debt to protect your credit score.
In such a case, you can ask your ex-partner to reimburse you.
It’s a good idea to keep proof of payments, like bills, bank statements or cheques: they can be used in court if your ex-partner refuses to pay you back.
Property-related debt
A property, like a house, condo, cottage or other type of building, always comes with expenses: a mortgage, taxes, home insurance, etc. How these expenses are shared after a couple separates depends on who owns the property.
If one person owns the property
If one person only owns the property, it’s usually their responsibility to pay the expenses.
However, if your ex-partner that isn’t the owner also signed the mortgage loan, they are still responsible for the debt owed to the bank, even after they’ve moved out of the property.
If you’re co-owners
If you and your ex-partner are co-owners, you must each continue to pay your share of the expenses. If one of you doesn’t pay, the other one can cover the payment and then ask to be reimbursed. You may want to keep proof of these payments to make reimbursement easier.
If your ex-partner who co-owns the property leaves the residence after separation, they can request compensation. This means they can ask money from you for not being able to use their property. This compensation can be asked in court during a separation or divorce trial.
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Important! During a divorce trial, the court can force one of the ex-partners to temporarily contribute to expenses related to the property. |
Paying rent
Generally, if one name only is on the lease, that person must continue paying rent. If both your names are on the lease, you’re both responsible for rent until the end of the lease or until you come to a new agreement with your landlord.
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Important! In a marriage, civil union or parental union, the court can order an ex-partner to contribute to rent for a certain period of time. |
Bank accounts and credit cards
If you separate, remember to contact your financial institution to close or change your joint accounts and credit cards. This will help you protect your finances and avoid any confusion about who is responsible for the payments.
Money deposited in a joint account is usually divided equally between ex-partners. If you or your ex-partner take out more money than your share after separation, the other ex-partner can ask for the difference in court. For more information on the rules that apply to joint accounts after separation, consult JuridiQC’s webpage on managing joint accounts in case of separation (in French only).
For joint credit cards, the rules depend on the contract you signed with the bank or financial institution. To understand your choices, consult JuridiQC’s webpage on joint credit cards in case of separation (in French only).
Child-related expenses
Parents must continue providing for the needs of their children, regardless of their relationship status. Their contribution is based on their means and income.
A parent that doesn’t have main custody often pays for child support. Even when custody is shared, you can ask for child support if you and your ex-partner’s income or responsibilities are unequal.
If you can’t reach an agreement
If your discussions with your ex-partner come to a dead-end, you have two options:
- Family mediation: quick, affordable and often less conflictual than trial. In Quebec, parents who separate, often have access to a few hours of free mediation.
- Court: a judge can make an official decision or order emergency measures, like deciding who will have to pay which expense. If the amount is less than $15,000, you can file a claim in small claims court.
In all cases, you should keep proof of everything: bills, receipts, photos, etc.
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Important! In Quebec, you usually have three years to claim a debt. Don’t wait too long before taking action! |