What are the circumstances in which a husband has a constructive trust claim against his wife for the value of the husband's pension accumulated over the pre-marital period?
Ontario, Canada
The following excerpt is from Rolley v. Rolley, 2018 ONSC 7409 (CanLII):
These circumstances are also distinct from those before the court in Bertrand v. Bertrand, 2001 O.J. No. 4862, where the wife was successful in her constructive trust claim over one-half of the value of the pension accumulated over the pre-marital period because the wife had paid the husband’s living expenses while he completed his university degree, which allowed him to use his own earnings for his educational costs.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the circumstances in which a husband claims a constructive trust in his pension for a wife who has done the majority of the childcare and household chores during the period of co-habitation and marriage? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Does the limitation period apply to claims to land based on a resulting or constructive trust? (Ontario, Canada)
If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
In what circumstances will a husband be able to claim injunctive relief against a woman who lives in the home with the husband? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
What is constructive trust and what is the test for constructive trust? (Ontario, Canada)
What is the effect of postponing equalization of a husband's pension equalization until after the husband’s pension is equalized? (Ontario, Canada)
What is the test for a constructive trust in a spouse's military pension? (Ontario, Canada)
What is the limitation period for a plaintiff's claim that the sale price of a property was below market value when it was originally agreed to be at the time of the Minutes of Settlement? (Ontario, Canada)
