Encyclopedia Encyclopedia: ABCDEFGHIJKLMNOPQRSTUVWY
Term Definition Constructive Trust - a trust in favor of a deserving party created by operation of equitable law against someone who by questionable means and improper conduct obtains or holds the title to property that he or she should not.
Application in Divorce A constructive trust is a relationship with respect to property, and in divorce a question of constructive trust can happen in the distribution of property.

A constructive trust works by equity, not hold and enjoy.

In a divorce, the assets.

Fraud need not always be a determining factor. A constructive trust may arise in the case where spouses establish a marital party, such as one or both of the their parents.