What is the beneficial ownership of property between a husband and wife?
Saskatchewan, Canada
The following excerpt is from Giesbrecht v. Giesbrecht, 1976 CanLII 939 (SK QB):
As to beneficial ownership under circumstances such as these, Johnson J. of this court stated as follows in Church v. Church (1971), 1971 CanLII 1849 (SK QB), 3 R.F.L. 274 at 276: “Briefly stated, the law respecting transactions between husband and wife, as I understand it to be, is as follows: When a husband purchases property and places it in his wife’s name jointly with his own, there is a presumption that he intends to give her a one-half interest therein. This presumption remains unless rebutted by very strong evidence to the contrary: see 12 C.E.D. (Western), pp. 182-3.”
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