Can a husband make a gift to his wife?
British Columbia, Canada
The following excerpt is from Hofmann v. Hofmann, 1979 CanLII 605 (BC CA):
Counsel for the appellant argues that in finding that the husband had made a gift to his wife, the trial judge, although not saying so in terms, must by implication be taken to have invoked the well-known rule of the presumption of advancement. That rule is “concisely and accurately stated” per Cartwright J. (later C.J.C.) in Jackman v. Jackman , 1959 CanLII 87 (SCC), [1959] S.C.R. 702 at 712, 19 D.L.R. (2d) 317) in 19 Hals. (3d) 832, para. 1360: “Where a husband purchases property or makes an investment in the name of his wife, a gift to her is presumed in the absence of evidence of an intention to the contrary”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a husband and wife when the wife is a co-owner of a small business and the wife receives her share? (British Columbia, Canada)
What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
What is the test for apportioning property between a husband and wife in a marriage where the wife's inheritance was acquired during the marriage, and only the wife contributed to the expense and upkeep of the property? (British Columbia, Canada)
What are the serious issues to be tried on an appeal by the husband against the husband's appeal against the Husband's Agreement of Divorce? (British Columbia, Canada)
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
In what circumstances will a wife's claim for reapportionment from her husband for his personal injury award be considered in the context of the wife’s application for a reduction in his income before he dies? (British Columbia, Canada)
How have the courts in BC considered the value of a husband’s home when the wife entered into joint tenancy with the husband? (British Columbia, Canada)
What is the basis for the husband's complaint that he was not given notice of an order for a lump sum payment from his wife to his wife? (British Columbia, Canada)
In what circumstances will a husband and wife be able to claim equal living standards of living with the wife when they separate from each other? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
