Section 45: Joint and separate debts
consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
45. Joint and separate debts
(1) In the case of partners, the joint estate shall be applicable in the first
instance in payment of their joint debts, and the separate estate of each
partner shall be applicable in the first instance in payment of his separate
debts.
(2) Where there is a surplus of the separate estates, it shall be dealt with
as part of the joint estate.
(3) Where there is a surplus of the joint estate, it shall be dealt with as
part of the respective separate estates in proportion to the right and interest
of each partner in the joint estate.