- (1) When a transfer of property is made to one person and the purchase price is paid by another, a resulting trust arises in favor of the person who paid the purchase price.
(2) Subsection (1) does not apply in any of the following circumstances:
- (a) whenever the party paying the purchase price manifests an intention that no resulting trust should arise;
- (b) whenever the transferee is a spouse, child, or other natural object of the bounty of the person who paid the purchase price; or
- (c) whenever the transfer is made in order to accomplish an illegal purpose and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.
- (3) Subsection (2)(b) does not apply if the party paying the purchase price manifested an intention that the transferee should not have the beneficial interest in the property.
History: En. Sec. 16, Ch. 264, L. 2013.