What is the joint liability of one spouse to the other spouse's credit card and line of credit?
British Columbia, Canada
The following excerpt is from L.A.R. v. E.J.R., 2014 BCSC 966 (CanLII):
What I cannot do of course is make orders concerning the responsibility of each spouse to third party creditors (see Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 248) which creates problems in a case like this one where the debts exceed the assets. Except in the case of the houses, which are secured by mortgages, the line of credit, which is secured against at least one of the properties, and the Pathfinder, which I can infer will be seized if the loan on it is not kept up, a reapportionment of property in one spouse’s favour here would not necessarily relieve the other spouse from liability for some or all of the remaining debt. Whatever I order, the parties will continue to have to deal with the unsecured debt to the banks and credit card companies on a joint basis.
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