Can a constructive trust remedy be used in circumstances where the spouse has contributed not to the acquisition but has contributed to the preservation, maintenance or improvement of the property?
Alberta, Canada
The following excerpt is from Campbell v. Campbell, 1998 ABQB 723 (CanLII):
In Sorochan v. Sorochan (1986) 1986 CanLII 23 (SCC), 2 S.C.R. 38 or 2 R.F.L. (3d) 225, the S.C.C. made it clear that the constructive trust remedy may be applied in circumstances where the spouse has contributed not to the acquisition of property but rather to the preservation, maintenance or improvement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a resulting trust where a non-titled party has contributed directly or indirectly to the acquisition by the title holder of the property or the improvement of such property? (Alberta, Canada)
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
What is the test for inferring that a spouse who provides services to another spouse is entitled to a constructive trust remedy? (Alberta, Canada)
How is constructive trust adjudicated in the context of a constructive trust claim? (Alberta, Canada)
What is the test for a "thoughtful guest" to receive a benefit for providing time, effort and/or contribution to the maintenance and improvement of a property? (Alberta, Canada)
Can a constructive trust be used to determine that one spouse benefited at the expense of the other spouse? (Alberta, Canada)
In what circumstances will a spouse who is not a spouse be able to claim an interest in her partner's property? (Alberta, Canada)
Does a statutory scheme directing the equal division of matrimonial property between the spouses of a common law husband and the common law spouse preclude equitable remedy? (Alberta, Canada)
In what circumstances will child support be deducted from income for purposes of calculating child support when a spouse loses a property loss? (Alberta, Canada)
What is the difference between expressing trust and constructing trust and unjust enrichment? (Alberta, Canada)
