Is a common law husband entitled to a vehicle that was purchased as a gift from his wife?

Ontario, Canada


The following excerpt is from Campbell v Campbell, 2017 ONSC 3787 (CanLII):

[308] A similar ruling was also applied in Clark v. Vanderhoeven, [1997] O.J. 1507, where the Ontario Court of Justice determined that a vehicle was a gift from the common law husband to his wife despite the title to the vehicle remaining in his name. The evidence indicated that the husband purchased the vehicle as a gift for his wife’s birthday and that his wife had exclusive use of it. The court noted that title to the vehicle was in the husband’s name because at the time of purchase his wife did not have her driver’s license.

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