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VI. Other Scenarios

When property is registered in the name of one person only but the purchase price was contributed by more than one person, the other person(s) who contributed towards the purchase price could claim a beneficial interest by way of resulting trust or constructive trust.

Parties to co-habitation are not subject to the Matrimonial Proceedings and Property Ordinance . Their claims to the property are in accordance with their respective contributions to the purchase price. Sometimes non-monetary contributions are also taken into account.

The same applies when the property was purchased jointly by siblings. Their claims to the property would be in accordance with their respective contributions.

However, if a parent funded the purchase of property for his or her child, there is a presumption that the parent intended it to be a gift to the child. This is called the “Presumption of Advancement or Gift”. This presumption is rebuttable by evidence that the parent intended to keep the beneficial interest for himself or herself.

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