What is the presumption of advancement when the transferor is a husband and the transferee is a wife?

British Columbia, Canada


The following excerpt is from Wong v. Huang, 2012 BCSC 975 (CanLII):

Historically, the presumption of advancement has been applied in two situations. The first is where the transferor is a husband and the transferee is his wife: Hyman v. Hyman, 1934 CanLII 324 (SCC), [1934] 4 D.L.R. 532 (S.C.C.), at p. 538. The second is where the transferor is a father and the transferee is his child, which is at issue in this appeal.

Other Questions


Does the presumption of advancement apply where the transferor is a husband and the transferee is his wife? (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 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)
Does the common law presumption of advancement apply where a husband contributes towards a jointly held asset? (British Columbia, Canada)
Does a spouse's relationship with the other spouse affect the presumption of resulting trust in the transferor and the transferee? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.