The plaintiff claimed a 50% beneficial interest in residential property registered in his former spouse's name, alleging his funds were used for half of the down payment.
The court found the parties generally lacked credibility and held the plaintiff failed to trace or prove, on a balance of probabilities, that his funds were used for the purchase.
A co-defendant's cross-claim based on two unchallenged trust declarations succeeded, and the court declared that he held a 50% interest and ordered transfer of that interest to him.
The court declined to resolve the broader accounting and occupancy issues arising under the trust because the documents were vague and the evidentiary record was insufficient.
