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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VIII.1: Introduction

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.