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Simple English definitions for legal terms
aliquot-part rule
Read a random definition: dismissal without prejudice
A quick definition of aliquot-part rule:
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.
A more thorough explanation:
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.