The Applicant sought a declaration that the proceeds from the sale of a property, previously held in joint tenancy with her husband, belonged to her.
She had gratuitously transferred her share to her sons (the Respondents Vicente and Carlos) to facilitate a partition action.
The court applied the presumption of resulting trust, finding that the Applicant intended to retain beneficial interest and did not intend to make a gift.
The court granted the declaration, entitling the Applicant to half the sale proceeds plus interest, and awarded costs against Vicente Zapata.
