Can a husband who owns a home that was transferred into joint tenancy with his wife five years before they married, revoke the right to use it as an inter vivos gift?
British Columbia, Canada
The following excerpt is from J.B. v. S.C., 2015 BCSC 2136 (CanLII):
The opposite conclusion was reached by the trial judge in Wells v. Campbell, 2015 BCSC 3. In that case, the husband owned a home before the parties married and transferred that home into joint tenancy with his wife five years before the parties separated. At para. 32 of the decision, the trial judge decided that the home was transferred as a “perfected inter vivos gift” that could not be revoked. He determined that the Family Law Act did not alter the law of inter vivos gifts, so the presumption of advancement still applied.
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