Call us at 1-888-978-1178

We are expanding to Ottawa! Click here to learn more.

Close Button

We Are Here To Help

Schedule your consultation below.

I need to know if I can turn over the Temp order to pay. I’ve signed nothing, nor talked about a loan with the ex, but now I have a judge getting ready to put me into contempt because I refuse to pay for a loan I had nothing to do with. We were common law. No kids,no property, no nothing.

February 23, 2021

3.11K viewsProperty Division

Unfortunately your questions lacks some specificity that would assist in formulating a helpful answer.  In law, as a common law spouse you will generally not be liable for your Ex’s debts that you did not co-sign for.   This suggests that the temporary “order to pay” may be unrelated to that loan repayment obligation; you may be wrongly assuming that the two are connected.

In other words, in light of the overall context of the common-law relationship, the judge may have seen fit to impose an loan-independent financial obligation on you – for example to help your Ex pay the expenses on a jointly-owned asset such as a home, for which you are both on title.  The judge may simply be ordering you to pay your share of those expenses (and it will be up to you to come up with that money)  – the judge may not be ordering you to repay your Ex’s loan in which you had no part.

In any case, the terms of the temporary order should clearly specify what financial obligations the order to pay is intended to cover.

Changed status to publish
The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Book A Consultation