ARTICLE · 16 JUNE 2016

Whose House Is It Anyway? The Latest on Resulting Trusts

Minden Gross LLP

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At common-law, where a property is purchased with one person's money and title is put in the name of another, there is a presumption that the title holder holds title in trust for the person who contributed the money.

CanadaFamily and Matrimonial

A. Irvin Schein

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Originally published at irvinschein.com.

At common-law, where a property is purchased with one person's money and title is put in the name of another, there is a presumption that the title holder holds title in trust for the person who contributed the money.

This principle was at the basis of a recent Court of Appeal decision in the case of Andrade v. Andrade.

Luisa Andrade, a widow and mother of 7, immigrated to Canada from Portugal in 1969 accompanied by her oldest daughter who was then 17. She worked as a cleaner for a number of years saving money for plane tickets to bring over the rest of the children. They finally arrived in 1972.

Luisa stopped working to look after her children. One by one each of the children left school and began working while they were teenagers. While they continued to live at home they gave their earnings to their mother to support the family. This continued until each got married and moved out.

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