A B.C. Supreme Court judge has ordered a Coquitlam man to transfer a $1.2-million home on Adiron Avenue back to his mother, ending another chapter in a years-long family legal battle over whether the property was intended as a gift.
Judge finds mother retained beneficial ownership
In a decision released Sept. 24, Justice Matthew Kirchner concluded that Jeong Sook Han is the sole beneficial owner of the property despite registering the title in her son’s name, Jae Kyu Han, when she bought the house in January 2018. Kirchner found Mrs. Han paid the entire purchase price and took steps to retain control over the asset that were inconsistent with an intention to transfer full ownership immediately.
The judgment followed a second trial. An earlier ruling in the mother’s favour had been overturned by the B.C. Court of Appeal and sent back for reconsideration, extending litigation that has drawn on handwritten documents and contested intentions.
Facts central to the ruling
- Purchase price: $1.2 million
- Purchase date: January 2018
- Registered name on title: Jae Kyu Han
- Beneficial owner found by court: Jeong Sook Han
- Decision date: Sept. 24
According to the judgment, Mrs. Han arranged to buy the Coquitlam home while her son was serving an 18-month prison sentence in South Korea after being convicted of stealing money from his employer to fund a gambling addiction. She hoped the property would give him a place to live after release without rent, but the mother also worried he might sell or mortgage the house to obtain funds for gambling.
"I accept that Mrs. Han likely intended to give the property to Mr. Han sometime in the future if he proved to her that his gambling addiction was under control and he would not sell or mortgage the property to support it,"
Justice Kirchner said Mrs. Han never reached the point of full trust and therefore never intended to make an immediate, unconditional gift of the home. The judge pointed to steps she took to retain control, including withdrawing the duplicate certificate of title and later registering a purported $3.5-million mortgage against the property, as evidence incompatible with a completed gift.
Legal and local implications
The ruling highlights how family arrangements around housing can trigger protracted court battles when intentions are unclear and when formal title does not reflect the underlying financial reality. For Coquitlam homeowners and families, the case underscores the importance of clear, documented agreements when one person purchases property on behalf of another, and the potential legal consequences when parties later disagree about intent.
For the Han family the order requires the son to transfer legal title back to his mother. The judgment is the latest turn in litigation that has already involved an appeal and a retrial, illustrating how disputes over beneficial ownership can be costly in both time and money.
| Item | Detail |
|---|---|
| Property | Adiron Avenue house, Coquitlam |
| Purchase price | $1.2 million |
| Buyer's registered name | Jae Kyu Han |
| Beneficial owner found | Jeong Sook Han |
| Judge | Justice Matthew Kirchner |
| Decision date | Sept. 24 |
Beyond the immediate family, the dispute will be watched by legal practitioners and anyone facing similar gift-versus-trust questions involving real estate across the Lower Mainland. The case reaffirms that the court will look beyond the name on the title to the facts surrounding payment, behaviour and documentary steps taken by the parties.
For Coquitlam residents, the case serves as a cautionary note: formal documents, open communication and legal advice matter when homes are transferred between family members, particularly where concerns such as addiction or financial vulnerability are present.
The order requires the son to transfer the title back to his mother; the judgment does not alter the underlying facts about the criminal conviction referenced in the court record, but it does resolve ownership of the house in favour of the mother, according to the court’s findings.
