What is the test for equal ownership of an asset which has already been shared equally?
Manitoba, Canada
The following excerpt is from Lamont-Daneault v. Daneault, 2003 MBCA 111 (CanLII):
34 The most common example of an asset which has already been shared equally is an asset in joint ownership. Joint ownership arises, for example, where a gift is made by a parent to a child and the child’s spouse: see Batstone v. Salter (1875), 10 Ch. App. 431. Subject to few exceptions, joint ownership means equal interest in the asset jointly owned. And the equal interest of joint owners is presumed unless a contrary intent is proved.
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