What is the test for obtaining the return of a wife's title to her husband's business creditors?
British Columbia, Canada
The following excerpt is from Vancouver City Savings Credit Union v. Serving for Success Consulting Ltd., 2011 BCSC 124 (CanLII):
In coming to his decision, Nemetz C.J. considered several cases, among them the case of Greveling v. Greveling, supra. That case involved a dispute over a farm property registered in the wife’s name but which the husband claimed belonged to him. The title to the property had been deposited as security to one of the husband’s business creditors. At some point the wife signed a conveyance of the property back to the husband; however, the conveyance was never registered. The husband later paid the debt to his creditor and sought the return of the title his creditor held as security. The creditor declined to return it without the consent of the wife.
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