Does the presumption of advancement apply to gratuitous transfers of property from a wife to her husband?
Ontario, Canada
The following excerpt is from Walters v. Nusseiri, 2019 ONSC 22 (CanLII):
Historically, the presumption of advancement applied in two situations: (1) where a father transferred property to his child and (2) where a husband transferred property to his wife: Pecore v. Pecore, at para. 28. The presumption of resulting trust applied to gratuitous transfers of property from a wife to her husband.
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