What is the effect of registration of title on beneficial ownership?

Alberta, Canada


The following excerpt is from Bergman v. Bergman, 2002 ABQB 493 (CanLII):

Regarding the registration of title, Dickson J., had this to say in Rathwell v. Rathwell (1978) 1978 CanLII 3 (SCC), 83 D.L.R. (3d) 289 (S.C.C.) at 307: The manner in which title is registered may, or may not, be of significance in determining beneficial ownership. The state of legal title may merely reflect conformity with regulatory requirements, such as those under the Veterans’ Land Act, which stipulate that the veteran must make the application; it may, on the other hand, be a matter of utmost indifference to the spouses as to which name appears on the title, so long as happy marriage subsists; the manner in which title is recorded may simply reflect the conveyancing in vogue at the time as, for example, the practice in Western Canada of placing title to farmland in the name of the husband. The state of title may be entirely fortuitous; it should not be taken as decisive against the non-titled party. (my emphasis)

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