Title 53, Chapter 12, Section 92
( 53-12-92)
(a) A purchase money resulting trust is a resulting trust implied
for the benefit of the person paying consideration for the transfer
to another person of legal title to real or personal property. (b) Except as provided in subsection (c) of this Code section, such
payment of consideration shall create a presumption in favor of a
resulting trust, but this presumption is rebuttable by a
preponderance of the evidence. (c) If the payor of consideration and transferee of the property are
husband and wife, parent and child, or siblings, a gift shall be
presumed, but this presumption is rebuttable by clear and convincing
evidence. |