Does a common-law spouse have a presumption of resulting trust when they transfer property from their name to their joint names?
Ontario, Canada
The following excerpt is from Hollohan v Hollohan, 2015 ONSC 7085 (CanLII):
In Lehner v. Grundl, [1995] O.J. No. 181, one common-law spouse transferred title to real property from his name alone into the joint names of he and his common-law spouse. The trial judge found as a fact that the transferring spouse did not understand what he was doing when he transferred the property and accordingly the presumption of resulting trust had not been rebutted.
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