Simple English definitions for legal terms
Read a random definition: Speedy Trial Act (1974)
The aliquot-part rule is a principle that says if someone wants to own a part of something, they have to show that they intended to own that part. This is important because if someone didn't intend to own a part of something, they can't claim it as their own. For example, if two friends buy a car together, but one friend pays more money for it, the friend who paid more can't claim ownership of the whole car unless they intended to buy the whole car.
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.