In what circumstances will a court impose a trust on a property that is held in the name of the other spouse?
Ontario, Canada
The following excerpt is from Oudeh v. Prior-Oudeh, 2021 ONSC 3718 (CanLII):
In family law proceedings, courts have routinely imposed trusts where it would be inequitable to treat the registered owner of a property as the true owner just because it is held in their name. Generally, but not necessarily, this type of trust is in favour of another spouse: Durakovic v. Durakovic, 2008 CarswellOnt 5329, at para. 110.
"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
What is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse? (Ontario, Canada)
In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year? (Ontario, Canada)
Does a resulting trust have to be imposed on a property that is held by two spouses? (Ontario, Canada)
In what circumstances will the court impose a constructive trust on the assets of the estate of the deceased? (Ontario, Canada)
Is a spouse entitled to an equalization payment from the date of a contribution made by one spouse to the other spouse's property? (Ontario, Canada)
What is the test for establishing that a spouse is not a party to a property in trust for the other spouse? (Ontario, Canada)
In what circumstances will the Court of Appeal in the Superior Court of Justice order that a father be denied custody of his infant son? (Ontario, Canada)
In what circumstances have courts considered confidentiality regarding documents for a matrimonial property issue? (Ontario, Canada)
In what circumstances will a court refuse to order the sale of a jointly owned property? (Ontario, Canada)
In what circumstances will a court order a husband to pay his ex-wife's taxes for the purchase of expensive cars that he allegedly diverted from the sale of property to fund his lifestyle? (Ontario, Canada)
