constructive service

[carolm]

What is the name of your state (only U.S. law)? fl

purchased property with ex. some properties in both some are in individual names. i paid amounts for property in his name along with cash payments to pay him back for any monies given to me. we are now going thru a partition suit and he is claiming constructive trust for the properties that were put in my name. is there a statue of limitions for this suit. properties were purchased in 2003. thanks

[tranquility]

Not from your facts. I'd say the clock starts ticking when he knows or should have known you are treating the property in a manner not in accordance with a constructive trust. Have you acted in a manner which would give rise to such an implication?

[carolm]

he wants the property? he did pay for some of it but i paid him back for the money that was loaned. whenever we purchased property he would ask if i wanted it and thats how the property was put in my name. i have been paying all the taxes for the property, had extensive work done to the property and have rented it out. no rental income was ever given to him nor has he had any input in the property. do i have any legal standing against this claim.

[tranquility]

A constructive trust is not that easy to prove. He has some work to do to get one. I did not express an opinion as to if one was created or not as the facts needed are detailed and case law would need to be reviewed. I only answered the question regarding the statute of limitations.

[latigo]

Without knowing more of the circumstances - like who initiated the partition action, the grounds for the partition action, what responsive pleadings and amendments have been filed, and what legal issues are joined by the pleadings and any pretrial orders, my initial impressions are:

1. The application for a constructive trust appears so integral to the issues of ownership and participation as to render any statute of limitations inapplicable.

What I mean by that is that, if a sound basis for a cause of action for partition of real property has arisen out of the various acquisitions and various titling of properties and other property transaction between you and the ex, and that cause of action is not barred, then neither would an equitable claim for a constructive trust be barred.

2. If applicable, the SOL would need to have been raised as an affirmative defense.

3. And if applicable when did the cause of action for a constructive trust arise?

At the time the properties were placed in your name, or at some later time and under what understanding or agreement as to joint sharing, written or verbal?
_______________

It all sounds very interesting but convoluted, including possible questions relating to the application of the statute of frauds as to properties placed in individual names.

Hopefully you’ve hired an attorney skilled in real property law that can sort it out. Clearly your ex has hired a good one to come up with the constructive trust theory.

Also, I must respectfully disagree with the categorical statement that a constructive trust is difficult to prove.

If the subject properties were placed in your sole name under a provable agreement that they were to be shared and it is alleged that you breached the agreement to share, then a constructive trust would be merited.

And I suspect that that is why you are asking if it is barred by statute.

But whatever, rely on the advice of your attorney.

[tranquility]

Also, I must respectfully disagree with the categorical statement that a constructive trust is difficult to prove.

If the subject properties were placed in your sole name under a provable agreement that they were to be shared and it is alleged that you breached the agreement to share, then a constructive trust would be merited.

Two things. First, I believe that if we have a provable agreement, I don't think we have a constructive trust. Implied, express or resulting, maybe, depending on the facts, but not constructive. Second, I had a similar question on the Bar and I found it darn near impossible to prove.