Legal News: Real Property: Resulting Trust - Joint Tenancy

Lawyers Weekly Newspaper dated 1/20/2020, This Week's Decisions:

Where a plaintiff and his defendant brother own real property as joint tenants, a judgment should enter declaring that the defendant holds his interest in a resulting trust for the benefit of the plaintiff.

"...[Defendant Jong-Ping Hsu] (JP) did not contribute any funds directly to the purchase of the Maynard Property. JP co-signed for the mortgage loan, but I find that he did this as an accommodation to his brother and not as an indication that he expected to acquire an undivided one-half interest in the property. ...

"...I find that the understanding and intent was that the property would be owned by [plaintiff Nien-Hsi Hsu] (Jesse), who contributed all the funds for the down payment other than funds loane3d or gifted to him by his mother, who managed the property without any help from JP or the rest of the family, and who paid for all the expenses of owning the property. ..."