From time to time the issue of what is referred to as a constructive trust in a dissolution
of marriage case will surface. A constructive trust is basically an equitable remedy that
can be used to help restore property to its rightful owner and to prevent what is referred
to as unjust enrichment. We see this in divorce cases as a remedy available to a party
who claims ownership to property which is titled in someone else’s name. So, as one
example, the court may impose a constructive trust in favor of a spouse when a marital
home is titled in the name of someone other than the spouses, such as in-laws or other
relatives. Another common scenario for entry of a constructive trust may be imposed
in divorce cases when one spouse has hidden or transferred marital assets to avoid
division during property distribution. In order for a constructive trust to be ordered,
under Florida law, there must be a showing by the spouse, by what is called ‘clear and
convincing evidence’, four (4) factors:
- A promise, express or implied.
- Transfer of the property to the 3rd person and reliance on that promise by the spouse/person.
- A confidential relationship.
- Unfair or Unjust enrichment.
Rice Law Firm has handled many cases over the years that involve constructive trusts.
If you would like to speak with one of our experienced attorneys about a constructive
trust claim, or possible defenses, please give us a call.
