Montana § 72-38-122 Purchase Money Resulting Trust

Montana Statutes

§ 72-38-122 — Purchase Money Resulting Trust

Montana § 72-38-122

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 1General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee

This text of Montana § 72-38-122 (Purchase Money Resulting Trust) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-38-122 (2026).

Text

72-38-122 . Purchase money resulting trust.

(1)When a transfer of property is made to one person and the purchase price is paid by another, a resulting trust arises in favor of the person who paid the purchase price.

(2)Subsection (1) does not apply in any of the following circumstances:

(a)whenever the party paying the purchase price manifests an intention that no resulting trust should arise;

(b)whenever the transferee is a spouse, child, or other natural object of the bounty of the person who paid the purchase price; or

(c)whenever the transfer is made in order to accomplish an illegal purpose and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.

(3)Subsection (2)(b) doe

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72-38-122 . Purchase money resulting trust. (1) When a transfer of property is made to one person and the purchase price is paid by another, a resulting trust arises in favor of the person who paid the purchase price.
(2) Subsection (1) does not apply in any of the following circumstances:
(a) whenever the party paying the purchase price manifests an intention that no resulting trust should arise;
(b) whenever the transferee is a spouse, child, or other natural object of the bounty of the person who paid the purchase price; or
(c) whenever the transfer is made in order to accomplish an illegal purpose and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.
(3) Subsection (2)(b) does not apply if the party paying the purchase price manifested an intention that the transferee should not have the beneficial interest in the property.