Login|Contact Us
Question and Answer

Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I have lived with my brother for the past 6 years , only agreeing

 
Law.Hut's Avatar
  • Answered by:Law.Hut
  • Lawyer
  • Positive Feedback: 94.4 %
  • Accepted Answers: 2761
Verified Expert
in Canada Law

Recent Feedback

Positive
Quick response & my question answered.
Positive
It was good information specific to my needs.
Positive
Complete answer and quick response
Positive
Answered all my questions point for point. Response time was excellent, &...
Positive
professional and pointed out things we hadn't thought of.
Positive
how do i ask a follow up question?
Positive
Thank you the answer was helpful.
Positive
Thanks
Positive
Appreciate the quick response !

Customer Question

I have lived with my brother for the past 6 years , only agreeing to do so because he exclaimed it would be a great investment. My total investment to date is nearly fifty thousand dollars , since we have no signed agreement ive starting makeing paper trails to him and his accounts. what kind of chance do i have of recovering my investment in a court of law?

 

Optional Information:
Province/Territory relating to question: Alberta

Already Tried:
nothing

Submitted: 405 days and 9 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED
Picture
Expert:  Law.Hut replied405 days and 8 hours ago.

Hello:

How has the money been invested?

Customer replied405 days and 8 hours ago.

The money invested was in the form of cash deposited in a bank account with receipts signed by me . The account is my brothers. The title of the property is also in his name. But i am the only full time resident and the custodian of the property.

all maitenece and repairs have been done by me, and they where also payed for by me

Customer replied405 days and 8 hours ago.

Relist: Other.
took to much time

Picture
Expert:  Law.Hut replied405 days and 7 hours ago.

You can sue your brother based on a claim that he is holding the funds in trust for you, and claim that no matter that the account or property may be in his name, the funds put into the property or account is yours. This is a well recognized type of claim. If you actually gave him cash that he put into an account in his name, this is called a " resulting trust", and you can seek a court order that he pay you the amount held in such a trust.

You can also claim a " constructive trust" , which is where you cannot perhaps point directly to cash in an account hat you paid, but to assets that he owns that you have contributed towards to help acquire the asset or helped to maintain or increase the value of the asset. This cold include paying towards housing bills for a house in his name, or contributions of your own labour such as repairs to the property. You would be able to seek compensation from him for the amount of the contributions you have made and the value of those to the property that he owns. So it is very important that you keep track of what is paid to him what is paid towards bills or repairs for his property and also your own time or "sweat equity" in as much detail as possible, as this can help to substantiate the amount owing to you.

 
Tweet

2 Lawyers are Online Right Now

Ask Your Question Now
Canada Law Questions Date Submitted
are you a lawyer specializing in Canadian Immigration? 4/27/2013
My Mother is 90 yrs old living with my sister 70 yrs old in 4/21/2013
After submitting a questionnaire, what is the consequences 4/20/2013
does being refused and banned for 2yrs during student visa application 2/13/2013
I own my home. I currently have someone who is renting a room 12/16/2012
disown your daughter 11/30/2012
Hi Debra, Can I ask some questions pertaining to Canada La 11/5/2012
My daughter-in-law has been subject to libelous comments posted 10/29/2012
hello. I think I wrote before but will let you know again what 10/14/2012
If a dual citizen of canada ()birth country) and the US marries 10/13/2012
RSS
Next 10 >
Ask A Lawyer
Type Your Canada Law Question Here...
characters left:

Top Canada Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
146 Lawyers are Online Now
Type Your Canada Law Question Here...
characters left:
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan