Matrimonial Homes and Resulting Trusts

by: , June 30, 2020

When a parent transfers property to a capable adult child without getting anything in return, the law does not assume this is a gift. Instead there is a (rebuttable) presumption that the child holds this property in trust for the parent (called a resulting trust). But what happens when that property is a matrimonial home…read more

When is an Investment Property a Matrimonial Home?

by: , January 1, 2007

In Debora v. Debora, the Ontario Court of Appeal confirmed that a property will be considered a matrimonial home even if it is owned by a company instead of directly by a spouse. The facts of the case make for interesting reading.  The parties went through a religious wedding ceremony in 1987, but did not…read more