Does a presumption of a proprietary resulting trust apply in questions of joint tenants?

Ontario, Canada


The following excerpt is from Colivas v. Colivas, 2017 ONSC 4730 (CanLII):

Section 14 of the Family Law Act legislates a presumption of a proprietary resulting trust (see Korman v. Korman, [2015] O.N.C.A. 578 at para 29 in this regard). Section 14 provides as follows: 14. The rule of law applying a presumption of a resulting trust shall be applied in questions of the ownership of property between spouses, as if they were not married, except that, (a) the fact that property is held in the name of spouses as joint tenants is proof, in the absence of evidence to the contrary, that the spouses are intended to own the property as joint tenants; and (b) money on deposit in the name of both spouses shall be deemed to be in the name of the spouses as joint tenants for the purposes of clause (a).

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