Can a spouse jointly liable to a creditor for the debt of the other spouse?
British Columbia, Canada
The following excerpt is from Imani v. Imani, 1999 CanLII 6946 (BC SC):
While debts can be offset against assets, the court cannot make a spouse jointly liable to a creditor for a debt of the other spouse, regardless of the purpose for which it was incurred. In the absence of some contractual foundation, the court cannot make one spouse liable to indemnify the other, either in whole or in part, for a liability of the latter: Young v. Young (1993), 1993 CanLII 34 (SCC), 84 B.C.L.R. (2d) 1 (S.C.C.).
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