Does a resulting trust have to be imposed on a property that is held by two spouses?
Ontario, Canada
The following excerpt is from Banihashemi v. Behshad, 2021 ONSC 1145 (CanLII):
A similar issue arose in Jansari v. Jansari. In that case, legal title to a property was held by two brothers and their respective spouses. The couple who lived in the property (the applicants) brought an application for a declaration of a resulting trust over the other couple’s one-half legal interest. The applicants alleged that the respondents had not made a significant contribution to the property. Lemay J. dismissed the application and found that a resulting trust could not be imposed because the respondents had given value for their interest (at paras. 47-48).
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