In what circumstances will a joint tenant of a family farm be able to continue to own the land in the name of the father and his wife?
Saskatchewan, Canada
The following excerpt is from Rausch v. Rausch, 2004 SKQB 81 (CanLII):
In Foga v. Foga, supra, the son farmed in partnership with his parents. He worked the farm with them and devoted all his efforts and cash resources to the farm. When the farm was experiencing financial difficulties, the son purchased land from his parents for more than fair market value. The year after the son had married, three quarters were transferred into the name of the father and son as joint tenants. When the son and his wife were having marital difficulties, one of the quarter sections was transferred back into the name of his father and the other two quarter sections were transferred into the joint names of his father and mother. This was done in an effort to protect the lands in the event of matrimonial property proceedings. The son and his wife resolved matters. The father and mother subsequently separated.
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