What is the test for establishing that a written document creates joint tenancy between the husband and wife?
Saskatchewan, Canada
The following excerpt is from Weisgerber v. Weisgerber, 1969 CanLII 582 (SK QB):
When written documents clearly create joint tenancies between husband and wife, as was done in the case of the Regina property, clear, distinct and precise testimony amounting to proof, little if at all inferior to a written document in efficacy, must be submitted to the court to establish a resulting trust in favour of the husband. The defendant’s evidence does not, here, measure up to the requirements above set forth: Vide Spatafora v. Spatafora [1952] OWN 757.
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