Section 7-1.3. Purchase-money resulting trust abolished  


Latest version.
  • (a)   A   disposition  of  property  to  one  person  for  a  valuable
      consideration paid,  in  whole  or  in  part,  by  another  is  presumed
      fraudulent  as  against  the  creditors of the payor at the time of such
      disposition and, unless the presumption is rebutted, a trust results  in
      favor of such creditors to the extent necessary to satisfy their claims;
      but  title  to the property vests in the transferee and no trust results
      to the payor unless the transferee either:
        (1) Takes such property, in his own  name,  as  an  absolute  transfer
      without the consent or knowledge of the payor; or
        (2)  In violation of some trust, purchases the property so transferred
      with money or property belonging to another.