Is a joint owner of a property entitled to that asset because there was a gift of beneficial interest to them?
British Columbia, Canada
The following excerpt is from K.B. v. J.B., 2015 BCSC 2217 (CanLII):
The decision in Pecore v. Pecore, 2007 SCC 17 is the leading authority on whether a joint owner of a property is entitled to that asset because there was a gift of the beneficial interest in the asset to them, or whether that joint owner holds the beneficial interest in the asset on a resulting trust for the other owner.
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