What are the circumstances in which a plaintiff who was in a marriage-like relationship for a short period of time, purchased a home together and held title jointly with her partner?

British Columbia, Canada


The following excerpt is from Johnson v. Monaghan, 2015 BCSC 1286 (CanLII):

In my view, the circumstances of this case are similar to those considered by Mr. Justice Rice in McArthur v. Dodgson, 2010 BCSC 1172. In that case, the plaintiff and defendant, who lived in a marriage-like relationship for a little less than two years, purchased a home together and held title jointly. After the relationship broke down the house was sold and the plaintiff initiated litigation asserting a half interest in the proceeds of sale. She argued that her presumptive half interest as a joint tenant could not be displaced, as she contributed money to the purchase of the property, maintained it as a homemaker and assumed equal liability for the mortgage.

Other Questions


Is a partner or a former partner of a partner able to hold assets acquired with their partner's funds in trust? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
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)
Does the words 'shall be the joint property of the undersigned' or 'right of survivorship' convey a legal title to a joint property? (British Columbia, Canada)
Can a non-custodial parent in B.C. apply for joint custody after a period of time? (British Columbia, Canada)
How has the court considered the total length of the relationship between husband and wife's contributions to the purchase and use of property during their four year relationship? (British Columbia, Canada)
What is the value of a plaintiff's income for the period between the time of trial and the date of trial? (British Columbia, Canada)
What is the relevant period of time between the date of the Accident and the time of trial? (British Columbia, Canada)
In what circumstances will the Law Society of BC accept a conditional admission of professional misconduct in circumstances where a lawyer commenced an intimate personal relationship with a man? (British Columbia, Canada)
Does a discount for time served under section 344(a) of the Criminal Code apply to time served time served? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.