What is the test for establishing that a spouse is not a party to a property in trust for the other spouse?
Ontario, Canada
The following excerpt is from Joanis v. Bourque, 2017 ONSC 6458 (CanLII):
Subject to exceptions that have no application in this case, Section 14 of the Act provides that 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. The rule is that where there has been financial contribution to the initial acquisition of a property, and a subsequent gratuitous transfer of title to the property, the transferee is presumed to hold the property in trust for the transferor and it is up to the transferee to disprove the presumption that the transferor is the beneficial owner of an interest in the disputed property. [See Korman v. Korman, 2015 ONCA 578 (CanLII)].
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