Legal Definitions - aliquot-part rule

The aliquot-part rule is a legal principle that states that a person must have the intention to acquire a fractional part of the ownership of a property before a court can declare a resulting trust in their favor.

For example, if John and Jane jointly purchase a house, but John pays 75% of the purchase price and Jane pays 25%, the aliquot-part rule would require that Jane intended to acquire a 25% ownership interest in the property. If Jane did not have this intention, a resulting trust may not be declared in her favor.

Another example would be if a group of friends pool their money together to purchase a vacation home. If one friend contributes more money than the others, the aliquot-part rule would require that they intended to acquire a corresponding ownership interest in the property.

The examples illustrate how the aliquot-part rule requires a person to have the intention to acquire a specific ownership interest in a property before a resulting trust can be declared in their favor. This principle helps ensure that resulting trusts are only declared when there is clear evidence of the parties' intentions.