What is the effect of a voluntary transfer of property between two spouses?
Saskatchewan, Canada
The following excerpt is from Mercer v. Kingston, 1986 CanLII 3202 (SK QB):
Chief Justice Haultain alluded to the principle stated by Chief Baron Eyre in Dyer v. Dyer. Before he did so he said this: “It is well settled that in the case of a voluntary transfer of property inter vivos, without any declaration or other intimation of a trust, while the legal rights pass to the transferee, the general presumption, except in the case of a wife or child, is that a trust results for the transferor.”
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