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.
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