How have courts considered the doctrine of resulting trusts in the context of a dissolution of a marriage?
Alberta, Canada
The following excerpt is from Panasiuk v. Panasiuk, 1983 CanLII 1158 (AB QB):
In Rathwell v. Rathwell, 1978 CanLII 3 (SCC), [1978] 2 S.C.R. 436, 1 R.F.L. (2d) 1, [1978] 2 W.W.R. 101, 1 E.T.R. 307, 83 D.L.R. (3d) 289, Dickson J. stated at p. 110: “If at the dissolution of a marriage one spouse alone holds title to property, it is relevant for the court to ask whether or not there was a common intention or agreement that the other spouse was to take a beneficial interest in the property and, if so, what interest? Such agreements, as I have indicated, can rarely be evidenced concretely. It is relevant and necessary for the courts to look to the facts and circumstances surrounding the acquisition or improvement of the property. If the wife without title has contributed directly or indirectly in money or money’s worth to acquisition or improvement, the doctrine of resulting trusts is engaged.”
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