Re: Andrea

This matter concerned an application by the respondent, Andrea, for an order that certain property be transferred to her. The applicant, the trustee in bankruptcy of the estate of Andrea's husband, sought to have the property declared as an asset of the bankrupt estate. The dispute thus centred on the beneficial ownership of the property.

The primary legal issue before the Court was whether the property, registered solely in the name of the bankrupt husband, was held by him on trust for his wife, Andrea, or whether it formed part of his divisible estate. This required the Court to consider the principles of resulting trusts and the application of the presumption of advancement in the context of a matrimonial home.

Thornton J found that the presumption of advancement, which ordinarily applies to transfers from a husband to a wife, had been rebutted by the evidence. Her Honour noted that the contributions made by Andrea to the purchase price of the property, coupled with her evidence regarding the intention of the parties at the time of purchase, demonstrated that the husband held the property on resulting trust for Andrea. The Court considered the financial contributions of both parties and the surrounding circumstances, concluding that Andrea's intention was to acquire a beneficial interest in the property proportionate to her contributions.

The Court ordered that the property be transferred to Andrea, reflecting her beneficial interest.