The applicant sought the sale of jointly owned property (a condominium, camping trailer, and boat) and spousal support following the parties' separation.
The respondent sought to set aside the transfer of the condominium into joint ownership, arguing a resulting trust due to a gratuitous transfer for estate planning purposes.
The court found the condominium transfer was gratuitous and the presumption of a resulting trust in favor of the respondent was not rebutted.
Consequently, the condominium title was ordered transferred back to the respondent's sole name.
The applicant's claims for the camping trailer and spousal support were dismissed due to lack of consideration for the trailer and insufficient evidence to support spousal support entitlement.