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How will the court decide the property dispute between us?

The court will decide your dispute according to the same legal principles which apply to property disputes between parties who are not spouses, and not according to the legal principles which apply to property disputes between parties to divorce proceedings. Some of the factors the court will consider include:

(a) the registered owner:
generally, the registered owner is considered to also have the "beneficial interest" in the property;

(b) resulting trust:
where a spouse has paid all or part of the purchase price of the property, the spouse who is the registered owner of the property will hold the property on trust (known as a "resulting trust") for the other spouse to the extent that he or she has contributed towards the purchase price;

(c) presumption of advancement:
in appropriate cases, the court may presume that a husband, when he pays the purchase money for the property, or transfers the property to the wife, intends to make a gift to the wife. This presumption of advancement may be rebutted by evidence of the true intention of the parties;

(d) constructive trust:
the court may infer from the conduct of the parties and the circumstances of the case that there was a common intention between the spouses that both should have a beneficial interest in the property. A "constructive trust" may arise enabling a spouse to claim a share of the property.

This area of law is a complex one, and a full account of the various trusts law principles is beyond the scope of this website. It is advisable that you seek legal advice on the applicability of these principles to, and their impact on, the exact circumstances of your case.