What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties?
British Columbia, Canada
The following excerpt is from Madill v. Townsend, 1995 CanLII 3119 (BC SC):
17 A monetary award is not the proper remedy in this case. Crowe Road was acquired as a joint home for the parties after their common law relationship had been in existence for almost a year. Equality was the object of their joint efforts until that relationship broke down. A declaration of constructive trust in respect of 50% of the equity in Crowe Road is the proper remedy. I agree with the presumption expressed in the minority (concurring) judgment of Mr. Justice Cory in Peter v. Beblow that, where a person provides "spousal services" to another, those services should be taken as having been given with the expectation of compensation unless there is a cogent evidence to the contrary.
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