Ruelas v. Hernandez - Resulting trust vests property ownership in parents of bride.

Third parties purchased home through record title owner, who then claimed the property as his own by way of dissolution proceeding.  Trial court and the appellate court found that a resulting trust arose by the circumstances found that the third party was the owner of the house, with the wife, the record title owner, as the trustee. When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made. “The trust that is ‘presumed to result’ from this situation is termed a ‘resulting trust’; its purpose is to enforce the intentions of the parties. It is distinguished from a constructive trust, which is typically imposed to rectify fraudulent behavior.” (Johnson v. Johnson (1987) 192 Cal.App.3d 551, 555-556.) “A resulting trust differs from an express trust chiefly in that (1) it arises by operation of law, without an expressed intent, and (2) the resulting trustee ordinarily has no duty other than to transfer the property to the person entitled. [Citations.]’ (13 Witkin, Summary of Cal. Law (10th ed. 2005) Trusts, section 311, p. 885.)

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