MKC Law OfficePeterborough, ON · June 5, 2026I Just Added Someone to Title to Qualify for a Mortgage: Do They Own My House Now?
A Presumption of Resulting Trust Might Save the Day A recurring real estate law dispute arises where a person (we'll call them “Chris”) is added to title to real property to assist with mortgage financing but does not contribute to the purchase price, mortgage payments, or ongoing expenses, and later asserts an ownership interest in the property. The dispute is whether Chris’s assumption of the mortgage liability constitutes consideration sufficient to defeat the presumption of resulting trust. In Ontario, the jurisprudence is clear that the mere assumption of mortgage risk arising from...
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