The applicant mother and respondent father co-signed a mortgage to help the applicant's son and the respondent's daughter purchase a home.
Title was taken as tenants in common.
After the couple separated, the applicant sought to remove the respondent from title, arguing she held her interest in trust for her son, who made the down payment and mortgage payments.
The respondent claimed he held his interest in trust for his daughter.
The court found that the property was held in a resulting trust for the son, as the respondent was added to title solely to assist with mortgage qualification and contributed no value.
The application was granted, and the applicant was declared entitled to the full proceeds of the property's sale.
