Carol A. Peters - Attorney at Law
Call Us For a Consultation 626.793.9383 1100 East Green Street, Pasadena, CA 91106
Elderly Couple Holding Hands Pasadena City Hall Huntington Library Pasadena at Night

Estate Planning Newsletter

Returning Property to its Rightful Owner

A constructive trust is a remedy imposed by a court when a person has wrongfully attained property in an inappropriate way. The court will undo the transaction and order that title to the property go to the rightful owner.

Types of Wrongful Conduct

Any wrongful activity that leads to the unfair obtainment of property may be cause for a constructive trust, including:

  • Fraud (including forgery)
  • Theft (including embezzlement)
  • Accident
  • Mistake
  • Undue influence
  • Violation of fiduciary duty (for example, where a partner purchases property in his own name rather than in the name of the partnership)

Factors

In order for a constructive trust to be created, the following factors must exist:

  • Fraudulent representations or concealment of important and material information, or breach of trust
  • Acts such as transfer of property as a result of the fraud or breach
  • Profit and/or unjust enrichment as a result of fraudulent representation or concealment of important and material information

Remedy Under Constructive Trusts

A constructive trust is imposed when an affected party initiates a lawsuit requesting relief. It typically provides that the property pass from the wrongful owner to the rightful owner.

However, if the unlawful owner has damaged or destroyed any of the property, the rightful owner is entitled to a money judgment for the value of the property.

Estate Planning News Links
Share This Page:
Carol A. Peters, Attorney at Law, is located in Pasadena, CA and serves clients in and around Altadena, Sierra Madre, South Pasadena, Alhambra, La Canada, Eagle Rock, Highland Park, Glendale, Echo Park, Silverlake, Arcadia, Monrovia, Duarte, San Gabriel, Temple City, Whittier, Los Angeles, Huntington Park, Norwalk, Santa Fe Springs, Pico Rivera and Los Angeles County.
Designed and Powered by NextClient

© 2013 - 2017 Carol A. Peters, Attorney at Law. All rights reserved.
Custom WebShop™ law firm website design by NextClient.com.