As a general rule spouses are mutually liable for debts taken out by each other during the course of their marital life together. There are exceptions. The Supreme Court has held that a spouse is not liable for a debt run up by the other spouse which is of an ‘exceptionally personal nature’.

Applying the above principle, one can say that where a loan taken out during the marriage was for a mutual purpose e.g. to allow home improvements or to help the couple out through a difficult financial period then both spouses will be equally liable for it even after the divorce. Accordingly, if this were the case, and the father succeeds in getting a judgment ordering his ex son-in-law to repay him the debt, then the latter is entitled to reclaim half of what he pays back from his ex-wife. However, if the ex son-in-law borrowed the money for a purpose which would fall into the category of exceptions then the ex-wife would not bear joint responsibility for paying it.