The plaintiffs, parents of the defendant Devon, brought a motion for summary judgment claiming a 50% interest in a property they co-resided in with the defendants.
The plaintiffs provided the $100,000 down payment, but title was taken solely in the defendants' names to secure mortgage financing, necessitating a gift letter.
The court found the defendants failed to rebut the presumption of resulting trust, as the evidence showed the plaintiffs intended to acquire an interest in the property, not gift the funds.
The court granted summary judgment, declared the plaintiffs hold a 50% interest, ordered the property sold, and struck the defendants' counterclaim for damages.
