Family Law – Property – Unjust Enrichment and the Presumptions of Advancement and Resulting Trust
BY: Ann C. Wilton, B.A., M.A. (Oxon), LL.B.
III.1: Unjust Enrichment and the Presumptions of Advancement and Resulting Trust
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In addition to the provincial statutes governing the division of family property on breakdown of marriage, equitable trust principles continue to apply in family law cases. Unmarried spouses typically allege a trust to obtain an interest in property standing in the name of his or her partner to which he or she may have no rights under provincial property legislation. A married spouse will allege a trust to avoid the implications of property legislation and gain monetary relief or a proprietary interest with respect to a particular asset.