CALIFORNIA FAMILY LAW
...Unmarried Cohabitors
......Agreements Between Cohabitors
.........Legal Theories
............Trust: Constructive
8 Cards On This Topic:

One who wrongfully detains property is involuntary trustee.

One who gains property by wrongful act is involuntary trustee.

Principles of constructive trust may be available to unmarried cohabitor.

Agreement by married person to care for other for her lifetime, in presence of sexual relationship but in absence of cohabitation, not enforceable and may not support finding of a constructive trust.

Constructive trust found in favor of person who supplied funds for purchase of property taken in name of another and in absence of confidential relationship.

Refusal to find constructive trust proper when parties had no agreement to share acquired property.

Statute of limitations on causes of action for constructive or resulting trust is 4 years.

If rendition of sexual services is inseparable part of consideration in cohabitor's agreement, agreement not enforceable and claim of constructive trust over property will fail.