Is a property brought into the marriage and received by one of the partners a constructive trust interest in favour of the other spouse even if it has not increased in value?
Ontario, Canada
The following excerpt is from Close v. Close, 1997 CanLII 12253 (ON SC):
Though the jurisprudence is sparse with respect to 3 above, it could be argued that a property brought into the marriage, or received by gift or bequest by one of the partners, and which has been maintained or contributed to by the other partner over many years should be vested with a constructive trust interest in favour of the contributing spouse, even if it has not increased in value. A constructive trust may arise by acquisition or maintenance. (See Peter v. Beblow for a discussion of “value survived” and “value received.”) In any event, the Trussler Road property does not fall into this category.
"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 is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse? (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)
Is a transfer of property to a new partner set aside if the new partner agrees to a transaction which has the effect of avoiding a former spouse's support and property obligations? (Ontario, Canada)
Can a spouse exclude the value of an interest in the matrimonial home under a marriage contract? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Is a chalet owner entitled to increase the value of the property as a result of the owner's efforts to improve its value? (Ontario, Canada)
What is the test for deducting from the value of a property acquired by a spouse on the date of marriage? (Ontario, Canada)
What is the test for establishing that a spouse is not a party to a property in trust for the other spouse? (Ontario, Canada)
