What is the effect of a father’s intention and understanding on the transfer of land in the name of his son as joint tenants?

Saskatchewan, Canada


The following excerpt is from Moen v. Schultz, 2000 SKQB 38 (CanLII):

A case more like the one before me, although distinguishable on its facts, is Foga v. Foga (1996), 1996 CanLII 6783 (SK QB), 143 Sask. R. 221 (Q.B.). In that case land was transferred into the names of the father and his son as joint tenants but was later transferred out of the son’s name when he encountered marital difficulties. Goldenberg J. found that it was always the intention and understanding of the parents and the son that the son had earned an interest in the land and that his name would be put back on the titles once his matrimonial difficulties were resolved. It was held that there was an implied or resulting trust in favour of the son giving him a one-half interest in the land and it was included in the matrimonial property distribution as shareable matrimonial property. ii) Remaining Matrimonial Property Issues

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