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Unjust Enrichment and Trust Claims: Avoiding Common Mistakes
A common error is the inability to distinguish between a resulting trust and a constructive trust. It's crucial to understand that these are separate legal concepts, each with its own set of requirements. A blanket request for both types may be ineffective if the case facts do not support one of the claims, usually the resulting trust. Therefore, ensure you have a clear understanding of each concept before asserting your claim.
Constructive and Resulting Trusts in Family Law
Constructive and resulting trusts are legal concepts that courts use to rectify situations where property ownership might lead to an unjust enrichment of one party. This typically happens when both parties have contributed to the accumulation of wealth, but the property is solely in one spouse's name.
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