Tuesday, November 12, 2013

Bankruptcy Lawyer - Constructive Trusts in Florida

(305) 891-4055 - 25 Years of Experience,  Over 8,000 Cases Filed - Free Initial Consultation - 1221 Brickell Ave., Miami, Florida - Chapter 13 and 7 Bankruptcy - Miami Bankruptcy Lawyer - www.bublicklaw.com

A constructive trust is a remedy imposed by a court to return property to its rightful owner and to prevent unjust enrichment of one person at the expense of another. Equity holds that although the possessor holds "bare legal title" to the property, the beneficial interest is held by the person entitled to the property. The property may have been acquired by another by fraud or even without fraud if it is against equity that is should be retained by the person who holds it.

For the imposition of a constructive trust, there must be generally be clear and convincing evidence of
  • a promise, express or implied
  • a transfer of property and reliance thereon
  • a confidential relationship (legal, moral, social, domestic or personal)
  • unjust enrichment (by fraud or benefit of the mistake of another)