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- CHAPTER 7 Property Acquired or Improved with Both Separate and Marital Property
§ 7.06 Trust Principles and Acquisitions Over Time
Jurisdiction | United States |
Publication year | 2021 |
§ 7.06 Trust Principles and Acquisitions Over Time
[1]—In General
The previous discussions show that property is characterized at divorce based upon the nature of the consideration used to purchase it. In marital property states,296 divorce courts normally cannot divide separate property. However, there are certain equitable exceptions to this general rule. If it is determined that a spouse is holding a fraction or all of certain property in trust for the benefit of the other spouse, the divorce court can award the trust corpus to the beneficiary.297 The trust can be a resulting, express or constructive trust.
[2]—Resulting Trusts
In order to establish a resulting trust, it must be established that the beneficiary contributed consideration at the time the property was acquired, or made a binding commitment at that time to contribute consideration in the future.298 The beneficiary's interest in the property stems from the fraction of the purchase price contributed. Due to this requirement, resulting trust theory is rarely important in a divorce. If the spouse had contributed consideration at the time of the purchase, under normal marital property theory the spouse (or the marital estate) generally would have an interest in the property.
[3]—Express Trusts
An express trust can arise from an express agreement of the involved parties, or from the behavior of the parties.299 An unequivocal intent to create a trust must be established, and the trust property and the beneficiary must be described.300 Express trusts regarding realty generally must be created by a written document.301
[4]—Constructive Trusts
The contours of a constructive trust are less clear than those for a resulting or express trust. No intent to create a trust need be established.302 Constructive trusts are exempt from the Statute of Frauds, so no written document is required, even if realty is involved.303 The doctrine of constructive trusts is applied when the holder of legal title has been unjustly enriched at the expense of another. Since such a trust is created to avoid unjust enrichment and unconscionable results,304 it is difficult to describe precisely the circumstances under which one will be established.
A constructive trust was established in a Texas case in which an engaged couple looked for a home before their wedding date.305 The male made an offer to purchase which was accepted before the marriage. The prospective bridge apparently was led to believe that she was obtaining an...
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- CHAPTER 7 Property Acquired or Improved with Both Separate and Marital Property
- CHAPTER 7 Property Acquired or Improved with Both Separate and Marital Property
- § 7.01 Property Acquired with Contemporaneous Separate and Marital Property Consideration
- § 7.02 Different Approaches to Characterizing Property Acquired Over Time
- § 7.03 Characterizing Installment Purchases
- § 7.04 Characterizing Improvements
- § 7.05 Using Marital Funds to Pay a Premarital Mortgage or Using Separate Funds to Pay a Mortgage Loan Obtained During Marriage
- § 7.06 Trust Principles and Acquisitions Over Time
- § 7.07 Characterizing Property Acquired by Adverse Possession
- § 7.08 Characterizing Life Insurance
- § 7.09 Casualty Insurance
- § 7.10 Pensions
- § 7.11 Employee Stock Options
- § 7.12 Other Employee Compensation and Fringe Benefits
- § 7.13 Long-Term Employment Contracts
- § 7.14 A Lawyer's Contingent Fee
- § 7.15 Insurance Renewal Commissions and Termination Benefits
- § 7.16 Copyrights and Patents
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