Resulting Trust Clauses (ON)

Summary

These clauses include a claim for resulting trust in a family law property in Ontario. These clauses include practical guidance and drafting notes. A resulting trust can occur where a non-titled owner's contributions to an acquisition of a property have been direct or where a property was transferred gratuitously from a claimant to the titled owner. Resulting trust claims can include language for an order where a party holds a proportion of a property for another party and an order that a party is prohibited from selling or listing for sale the property without the consent of the claimant. For more information on unjust enrichment, constructive trusts and resulting trusts in Ontario, see the practice notes: Unjust Enrichment and Trust Claims (ON), Unjust Enrichment and Pension Valuation: Unmarried Spouses (Legislative Framework) (ON) and Unjust Enrichment and Pension Valuation: Married Spouses (ON). For examples of language used to make unjust enrichment, constructive trusts or ...