A respondent moved to set aside an ex parte Certificate of Pending Litigation registered against a property following the death of the applicant’s son, who had lived in the property with the respondent spouse but was not on title.
The estate alleged that the respondent held an interest in the property subject to constructive or resulting trust arising from the deceased’s financial contributions to the home during the marriage.
The court held that the CPL should be discharged to permit the pending sale to close, but found a serious issue to be tried regarding the estate’s equitable claim to a portion of the respondent’s share of the proceeds.
As a result, the court ordered that the respondent’s one‑third share of the net proceeds be paid into court pending further determination of the estate’s claim.
