McNaron v. McNaron

The bill is by the husband to declare a resulting trust in residence property purchased and paid for by him, title being taken in the name of the wife.

By the great weight of authority in this country, except in jurisdictions governed by the civil law, where the doctrine of community property obtains, real estate, purchased by the husband, who pays the purchase money, and by whose direction the title is made to the wife, is presumed to be a gift from husband to wife. Prima facie, no resulting trust in the lands, nor claim for the money so invested, exists in favor of the husband. The burden of…