This paper discusses the common law as it relates to matrimonial debt and how matrimonial liabilities are taken into account when dividing property upon marriage breakdown, despite the fact that the Matrimonial Property Act does not explicitly mention debts. The paper also notes how the section 8 factors may render it unjust or inequitable to divide a liability equally.

This paper was presented at the Matrimonial Property Division program held in January and February, 2015.