Is a joint contribution by two persons to the acquisition of property, which is in the name of only one of them, a form of gratuitous transfer?
Ontario, Canada
The following excerpt is from Elez (Re), 2011 ONSC 4687 (CanLII):
A joint contribution by two persons to the acquisition of property, title to which is in the name of only one of them, is, if there was no consideration for the contribution, a form of gratuitous transfer from which a resulting trust can arise. Kerr v. Baranow, 2010 SCC 10 (CanLII), [2010] S.C.J. No. 10, para. 17.
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