Does a resulting trust exist when a party makes a financial contribution to the initial purchase of a property but then gratuitously transfers their title to the other party?
Ontario, Canada
The following excerpt is from Whiteside v. Govindasamy, 2021 ONSC 789 (CanLII):
A resulting trust exists when a party makes a financial contribution to the initial purchase of a property, but then gratuitously transfers their title (i.e. transfers their title for nothing in return) to the other party, with the intention that the transferee holds the transferor’s title for the transferor’s benefit. In other words, one party contributes to the purchase of the property but then transfers their interest in the property to the other party for them to hold “in trust” for the transferring party: Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269, at paras. 16-19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a resulting trust when a party contributes to the purchase of a property but then gratuitously transfers their title? (Ontario, Canada)
Does a resulting trust arise when title is held in one party's name but that party gave no value for the property? (Ontario, Canada)
Does a presumption of resulting trust apply to a purchase or transfer of property? (Ontario, Canada)
Is there a resulting trust when a parent makes a gratuitous transfer to an adult child? (Ontario, Canada)
What is the test for rebutting a presumption of resulting trust in property transfers between a parent and adult children? (Ontario, Canada)
Is there a presumption of resulting trust for a person who voluntarily transfers property into his own name jointly with another person? (Ontario, Canada)
When a joint contribution is matched and fair, when the contributions of the parties are matched, is one party required to pay back the value of the benefit received? (Ontario, Canada)
Is there a presumption of resulting trust when a property is held in the name of the parties? (Ontario, Canada)
What is the test for establishing that the owner of a property is not a party to the title of the property, and if so, what are the requirements? (Ontario, Canada)
Can a resulting trust be imposed to return property to the person who paid for the purchase and is beneficially entitled to it? (Ontario, Canada)
