Is there any common intention between the parties to share the beneficial interest in a property?
British Columbia, Canada
The following excerpt is from J.A.J. v. T.E.M., 2005 BCSC 874 (CanLII):
I must be satisfied by the words or conduct of the parties that it was their common intention that the beneficial interest was not to belong solely to the defendant in whom the legal estate was vested, but was to be shared between them in some proportion or other (Murdoch v. Murdoch, 1973 CanLII 193 (SCC), [1975] 1 S.C.R 423). Here the defendant never agreed in his evidence to any common intention to share the property.
The most relevant conduct is that pertaining to the financial arrangements for the acquisition of the property. Failing evidence of direct contribution by a spouse, there may be evidence of indirect benefits conferred: (Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834).
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