ABSTRACT
This chapter discusses a very common co-ownership scenario that may occur informally between the parties. In this scenario, the parties create a legal relationship impliedly, and in most instances without knowing or thinking about the legal implications of their relationship. For instance, married or unmarried couples often buy properties together without even knowing or thinking about the possible legal consequences of their family home if the relationship breaks apart down the line. Because the parties do not expressly enter into a legal relationship, this situation is known as an implied trust. Thus, in an implied trust situation, two parties become owner of a property where either or both of their names appear in the land register as owners. This situation creates an implied trust by operation of law. This chapter discusses the legal mechanism for creating this type of trust and how the law applies to co-owners in this situation.
