When couples embark on the journey of purchasing property
together, the excitement of homeownership often overshadows
important conversations about individual property rights. A recent
Ontario Court of Appeal decision in Qu v. Zhang, 2025 ONCA
391, which affirmed an ex-wife's sole beneficial ownership of a
house despite joint title, serves as a reminder that clearly
documenting ownership intentions from the beginning is crucial.
What is a Bare Trust?
A bare trust agreement is a specialized legal arrangement where
one person (the trustee) holds legal title to property while
another person (the beneficiary) maintains full beneficial
ownership. The trustee has no independent powers or active duties
beyond holding legal title and must act according to the
beneficiary's instructions. The beneficiary retains complete
control over the property, including all rights to income, use,
enjoyment, and disposition, including any risks involved. Although
the trustee may hold
