Difference between revisions of "Assets of Couples (3:IX)"

Claims in trust may be constructive, resulting, or express. Constructive trusts are the most common type of trust claim, where the Court imposes a trust to remedy the unjust enrichment of one party at the deprivation of theother.  However, there are limits, and a court will not interfere where the elements of constructive trust are not present. A causal connection must be found to exist between the contribution made and the property in question. Refer to a general text for a more comprehensive description of the elements of constructive trust. Because common law constructive trusts are relief granted by a court, spouses can make use of both the ''FLA'' requirements for equal division and common law constructive trust principles when seeking relief for unfair division of property.