Does the presumption of advancement apply where the transferor is a husband and the transferee is his wife?
British Columbia, Canada
The following excerpt is from Peaker v. Snyder, 2010 BCSC 1540 (CanLII):
As an exception to the general rule presuming a resulting trust, a presumption of advancement has historically been applied where the transferor is a husband and the transferee is his wife. Although a presumption of advancement has sometimes been applied to unmarried spouses, given that the parties were separated at the time of the transfer, I am satisfied that the presumption of advancement does not apply in these circumstances. [See J.A.B. v. H.W.C., 2008 BCSC 644, 167 A.C.W.S. (3d) 361 at para. 176; Zhu v. Li, 2009 BCCA 128, 176 A.C.W.S. (3d) 769 at para. 53, leave to appeal to S.C.C. refused, [2009] S.C.C.A. No. 241.]
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