Legal Definitions - benefit of division

The benefit of division is a legal term used in civil law. It refers to a surety's right to be sued only for a part of the debt that is proportional to the number of solvent cosureties. This means that if there are multiple sureties for a debt, and some of them are unable to pay their share, the remaining sureties will only be responsible for their fair share of the debt.

For example, let's say that there are three sureties for a debt of $30,000. Each surety is responsible for one-third of the debt, or $10,000. If one of the sureties is unable to pay their share, the remaining two sureties will only be responsible for $15,000, or half of the total debt.

The benefit of division is an important protection for sureties, as it ensures that they are not unfairly burdened with the debts of others. It is also a way to encourage more people to act as sureties, as they can be confident that they will only be responsible for their fair share of the debt.