Does the common law presumption of advancement apply where a husband contributes towards a jointly held asset?

British Columbia, Canada

The following excerpt is from M.Y.T.C. v L.H.N, 2020 BCSC 414 (CanLII):

Where a husband contributes excluded property toward a jointly held asset, the common law presumption of advancement may apply. Due to a quirk of history, the same presumption will not apply where, as here, a similar contribution is made by a wife in favour of a husband. In these circumstances, the outcome must turn on the wife’s intentions. If the wife intended the contribution as a gift, the claim for an exclusion will fail: Donnelly v. Weekley, 2017 BCSC 529.

Other Questions

What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
Can a party who contributed more than his or her proportionate contribution to a joint account that was set aside for the purposes of calculating the difference between their contributions to the joint account? (British Columbia, Canada)
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
Does the presumption of advancement apply in common law relationships? (British Columbia, Canada)
Does the presumption of advancement apply where the transferor is a husband and the transferee is his wife? (British Columbia, Canada)
What is the difference between the date of use of an asset and contribution towards an asset? (British Columbia, Canada)
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
When will the presumption of advancement be applied in common law cases? (British Columbia, Canada)
Does the presumption of advancement apply when a parent funds in a joint account with an adult independent child? (British Columbia, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.