Resulting Trusts

Resulting trusts may be imposed in various situations, including:

Purchase Money Trusts - When one party pays for property titled in another party’s name, the court may presume a resulting trust.

Failed Trusts - When a trust is set up but its terms are not fulfilled or the trust fails, the property may revert to the original owner under a resulting trust.

Unintended Transfers - When property is transferred without clear intent to gift it, courts may impose a resulting trust to reflect the transferor’s intent.

Joint Accounts - Disputes over joint accounts, especially in family or estate contexts, may lead to resulting trust claims.

To establish a resulting trust, the claimant generally must demonstrate:

Contribution of Funds - Evidence that the claimant contributed funds towards the purchase or acquisition of the property.

Lack of Intention to Gift - Proof that the transfer was not intended as a gift or outright transfer of ownership.

Property Connection - A direct link between the claimant’s contributions and the disputed property.

When a resulting trust is imposed, courts may order remedies such as:

Transfer of Ownership - Returning the property to the party who contributed funds or intended to retain beneficial ownership.

Financial Compensation - Awarding monetary relief if the property cannot be transferred.

Equitable Division - Dividing the property proportionally based on the contributions of the parties involved.

Pursuing a resulting trust claim can involve legal and evidentiary challenges, such as:

Proving Contributions - Demonstrating financial contributions with clear evidence, such as receipts or financial records.

Rebutting Presumptions - Defendants may argue that the transfer was intended as a gift or loan, requiring strong counter-evidence.

Complex Relationships - Family or business dynamics can complicate claims, particularly when multiple parties are involved.

Statute of Limitations - Resulting trust claims must be brought within specific timeframes, depending on the jurisdiction and circumstances.

At ME Law, we provide expert legal support for clients involved in resulting trust disputes. Our services include:

Case Assessment - Evaluating the merits of your claim and identifying the best legal strategy for resolution.

Evidence Collection - Assisting in gathering and organizing financial records, agreements, and witness statements to support your case.

Litigation Representation - Advocating for your rights in court or alternative dispute resolution processes to achieve a favorable outcome.

Negotiation and Settlement - Facilitating discussions to resolve disputes amicably and efficiently.

Preventative Advice - Advising on structuring agreements to minimize the risk of future disputes over property ownership.

Resulting trust disputes can be complex and emotionally charged. At ME Law, we provide tailored legal solutions to help you protect your property rights and achieve equitable outcomes. Contact us today to discuss your case and secure expert legal assistance.