Constructive Trust
A constructive trust is a remedy a Florida court can impose when one spouse holds property or money that, in fairness, belongs to the other. It is not a trust someone sets up on purpose — the judge creates it to prevent unjust enrichment, often when assets were hidden, taken by fraud, or titled in one name when both contributed. In a divorce, it can be used to trace marital funds that were improperly moved or to claw back assets the court finds rightfully belong to the marriage.
Last updated June 21, 2026
Legal Definition
An equitable remedy imposed by a court whereby a person holding legal title to property is deemed a trustee for another who is the rightful beneficial owner, used to prevent unjust enrichment arising from fraud, breach of duty, or wrongful conduct.
Example
Her attorney argued for a constructive trust over the rental property after showing it was bought with marital savings but titled solely in her husband's name.
Related Statutes
- 61.075
Related Terms
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