Does a constructive trust need to be applied where there is no evidence of fraud, misrepresentation or unconscionability?

5 In Omer v. Omer, supra, 11 Wash.App. 386, 391 [523 P.2d 957, 961], absent a finding of fraud or misrepresentation, the court applied a constructive trust where a clear element of unconscionability was evident and where defendant would be unjustly enriched.

6 The court in Marvin v. Marvin, supra, 18 Cal.3d 660, 682, 134 Cal.Rptr. 815, 557 P.2d 106, removed the distinctions between putatively married spouses and other nonmarried persons.