ABSTRACT
If money has been paid and the property taken in the name of another, there will usually be a resulting trust, which arises from the court’s giving effect to the presumed intention of the parties based on their actions. Common intention will need to be proved (ie, that though one paid the money it was intended that the property should be held the in the other’s name), and that the payer has acted to detriment based on the common intention (ie, paid the money on the understanding in question). Resulting trusts therefore require direct contributions.
