What is a Constructive Trust

What is a Constructive Trust

A constructive trust is an equitable remedy rather than a traditional trust, imposed by a court to rectify situations where someone has wrongfully obtained or withheld legal ownership of property, often due to fraud, misrepresentation, or unjust enrichment.

This type of trust is “constructed” by the court and deemed to exist in order to prevent the unjust party from benefiting from their misconduct. The person holding the asset is considered a trustee and is required to transfer it to the rightful owner, the beneficiary.

Constructive trusts are typically a temporary solution, utilized until the property can be rightfully returned to the beneficiary’s possession, ensuring that the property is not unjustly exploited by the trustee.

Pros and Cons of a Constructive Trust


  • Remedy for Injustice: Constructive trusts are a means to rectify situations where assets have been wrongfully obtained, ensuring a fair outcome.
  • No Formal Trust Requirements: Unlike traditional trusts, there is no need for a written document or formal trust setup; a court can impose a constructive trust based on the circumstances.
  • Flexibility: Courts have the flexibility to impose a constructive trust in various situations where legal ownership does not reflect the equitable ownership due to misconduct.
  • Deterrence: The potential imposition of a constructive trust acts as a deterrent against wrongful behavior in matters of property and asset handling.


  • Court-Driven: The establishment of a constructive trust is entirely dependent on a court’s decision and legal proceedings, which can be unpredictable and time-consuming.
  • Limited Control: The terms and administration of the trust are dictated by the court order, leaving little to no control to the parties involved.
  • Temporary Solution: Constructive trusts are generally seen as a temporary fix until the assets can be properly distributed to the rightful owner, and they do not provide long-term asset management.
  • Potential for Additional Litigation: The creation of a constructive trust may lead to further legal disputes, particularly regarding the details of the trust’s administration or the rightful ownership of the assets.

Is a Constructive Trust right for me?

A constructive trust isn’t something one establishes like a traditional trust; instead, it’s a legal remedy imposed by a court to address situations where someone has been unjustly enriched at the expense of another. Here are some points to consider:

  • Have You Been Wronged? If your property or assets have been mishandled, misappropriated, or acquired through questionable means, you might seek a legal judgment that results in a constructive trust.

  • Legal Recourse: If you’re considering a constructive trust, it’s typically because other, more straightforward legal actions to recover property have been insufficient or are not applicable.

  • Court Intervention: Understand that establishing a constructive trust requires court intervention. It is a remedy granted after litigation, not a preventative measure you can take.

  • Litigation Costs: Pursuing a constructive trust involves legal proceedings, which can be costly and time-consuming.

  • Evidence of Wrongdoing: You will need strong evidence of the other party’s wrongdoing, such as fraud, breach of fiduciary duty, or unjust enrichment.


What is a constructive trust?
A constructive trust is a legal remedy imposed by a court to address situations where someone holds property that, in fairness, belongs to another due to circumstances such as fraud or breach of fiduciary duty.

When is a constructive trust used?
It is used when someone has wrongfully acquired property or assets, and the court determines that they should not be allowed to benefit from their wrongful conduct.

Who can establish a constructive trust?
Only a court can establish a constructive trust, typically during civil litigation when a party petitions for this equitable remedy.

Does a constructive trust require a formal trust document?
No, it does not require a formal trust agreement or document; it is an equitable remedy imposed by the court.

Can a constructive trust be contested?
Yes, the establishment of a constructive trust can be contested by the party who is alleged to have wrongfully acquired the assets.

What types of assets can be placed in a constructive trust?
Any type of property or assets that were wrongfully acquired can be subject to a constructive trust.

How long does a constructive trust last?
A constructive trust lasts until the court-ordered conditions are fulfilled, and the assets are transferred to the rightful owner.

What is the difference between a constructive trust and other trusts?
Unlike other trusts, a constructive trust is not a vehicle for managing assets but a temporary equitable remedy to rectify ownership issues.

Who manages the assets in a constructive trust?
The court-appointed trustee, often the individual who wrongfully holds the assets, is responsible for managing the assets in accordance with the court’s orders.

What is the role of a trustee in a constructive trust?
The trustee’s role is to hold the assets and eventually transfer them to the rightful owner as directed by the court.

Contact Battlefront Legal

Christopher R. Harrison, Esq is a registered attorney in the state of Nevada who stands out as a highly creative trust attorney who is dedicated to tailoring a trust that perfectly aligns with your unique requirements. His approach to estate planning is both innovative and client-focused, ensuring that your trust is crafted to serve your needs effectively. 

If you’re looking to establish a trust that is as unique as your estate, reach out to Christopher Harrison. Call him today at (775) 539-0000 or click here to start the conversation about securing your legacy.