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Constructive Trust in Florida Divorce

Imposing a constructive trust in a Florida divorce

Imposing a constructive trust in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Florida Divorce

What is a constructive trust in a Florida divorce? This is a remedy available to a party who claims ownership to property which is titled in someone else’s name. For example, a court may impose a constructive trust in favor of a spouse when a marital home is titled in the name of someone other than the spouses, such as in-laws or other relatives. This was an issue in the case Silvas v. Silvas, 4D21-373 (Fla. 4th DCA February 16, 2022).