How contribution among co-sureties is divided
When several people guarantee the same debt and one of them pays more than a fair portion, that surety may seek contribution from the others. Enter what you paid, how many co-sureties there are, how many are solvent, anything you recovered from the principal debtor and the dates involved, and this tool divides the amount into equal shares and shows what to claim from each co-surety.
The default rule, stated in the Restatement (Third) of Suretyship and Guaranty §§55-57, is that co-sureties share equally unless their agreement says otherwise, and that the share of an insolvent co-surety is reallocated among those who can pay. That is why this tool divides by the number of solvent sureties rather than the headcount. A paying surety may also pursue full reimbursement from the principal debtor and, by subrogation, step into the creditor's position. Interest usually runs from the date of payment at the state prejudgment rate, so that field is left blank for you to fill. Principles described are those recognized as of September 2026, and states vary.
Written indemnity agreements frequently replace the equal-share default with negotiated percentages. This calculator is for reference only and is not legal advice. Consult a licensed attorney about your specific situation.
Frequently asked questions
Because a co-surety who cannot pay simply shifts the burden onto the rest. Courts applying the classic rule reallocate the missing share among those who remain able to contribute.
Yes. Reimbursement from the principal debtor covers the entire payment, and contribution from co-sureties matters mainly when the borrower cannot pay.