The husband argued that wife did not contribute at all to the purchase or maintenance of the property.  He claimed that he had only put the property in joint names for estate planning purposes, so that the wife would get the property by right of survivorship if the husband pre-deceased her.  When their relationship broke down, the husband took the position that a resulting trust applied i.e. that the wife was holding her share of the property in trust for him, such that the entire property properly belonged to him.  The wife argued that the husband had made a gift of one half of the property to her.

It is the husband’s intention at the time of purchase that is relevant in this case.  The court held that the fact that the husband’s Will and estate plan at the time of purchase treated the property as a joint asset was significant and sufficient evidence to conclude that he had made a gift to the wife of one half of the property.

How could this fight have been avoided? Simple.  The parties should have entered into a cohabitation agreement to address with how the property would be treated in the event of relationship breakdown.  The contract would have determined how the property would be divided in the event of the parties’ separation or in the case of a death.  Instead of paying minimal legal fees up front for a contract, these parties paid significant legal fees in order to litigate the issue after the fact.

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I have always loved Valentine’s Day.  And nine times out of ten I am single on February 14^th.  Once we were no longer forced to give valentines to the whole class, I only got a few.   In high school, I was the girl who got white friendship carnations instead of true love red.  Did that make me hate the holiday? No! I simply broadened the Valentine’s Day mandate.  You should do the same.  Celebrate a good friend on Valentine’s Day.  Thank a parent for the love they have given you over the years.  Put together a special valentine surprise for your child.  It does not have to be a day for lovers only.  Be grateful for the love you do have in your life.  Because the love is there if you only look for it.

The same can be said of Family Day.  Families come in all shapes and sizes.  They can include everyone and anyone: children, grandparents, nephews, nieces, step-parents and siblings, friends… the list is endless.  The Ozzie and Harriet, mom/dad/two kids/dog model is long gone.  Celebrate the family you do have, in all its individuality.  Spend the day with people who make you happy.  Because that’s your family.

The post Valentine’s Day Doesn’t Have to Suck appeared first on Toronto Family Law Blog Canada.