What is the test for finding a constructive trust in favour of a spouse who does not have legal title to the property?
British Columbia, Canada
The following excerpt is from Frederkind v. Frederkind, 1999 CanLII 1049 (BC SC):
The plaintiff relies on Bebbington v. Carter, [1997] B.C.J. 961 (B.C.S.C.) (Q.L.) where the court found a constructive trust in favour of the spouse who did not have legal title. However, that case is distinguishable from this one; in Bebbington, one spouse had title to the property. Here, the plaintiff's claim for an interest in the property is not against her husband, but against the owner.
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