In the realm of family law in Edmonton, Alberta, the concept of a constructive trust plays a vital role in resolving complex property disputes where legal ownership and financial or personal contributions do not neatly align. When a relationship ends—be it a marriage or a common-law partnership—disputes often arise over who is entitled to property that one party holds legal title to, but to which the other party has significantly contributed. In these cases, Ulasi Law Group: Family Edmonton Lawyers offers invaluable assistance in asserting or defending constructive trust claims to ensure that justice and fairness prevail.
What Is a Constructive Trust in Edmonton Family Law?
A constructive trust is a legal remedy imposed by a court to address unjust enrichment. In essence, when one person has benefited at the expense of another—without a valid legal reason—the law may recognize the non-titled person’s interest in the property through a constructive trust. This legal mechanism allows the court to treat the property as if it is being held in trust for the benefit of the contributing party, even if that person’s name is not on the title or deed.
This is especially relevant in family law cases involving:
- Common-law relationships or Adult Interdependent Partnerships
- Shared contributions to real estate
- Financial or labour investments in a partner’s assets
- Business or joint venture development during a relationship
- Homemaking and childcare roles that allowed the other partner to build wealth
The Legal Foundation of Constructive Trust in Alberta
In Edmonton, courts follow legal precedents established by the Supreme Court of Canada and Alberta courts in adjudicating constructive trust claims. The landmark case Pettkus v. Becker (1980) laid the groundwork, followed by Kerr v. Baranow (2011), which refined the principles surrounding unjust enrichment and the remedy of constructive trust.
To establish a constructive trust in Alberta, a claimant must generally prove three key elements:
- Enrichment
One party has been enriched by acquiring or retaining property or value.
- Corresponding Deprivation
The other party has suffered a deprivation, meaning they have made a significant contribution—financially, physically, or emotionally—to the enriched party or their property.
- Absence of Juristic Reason
There is no legal reason (such as a contract, gift, or legal obligation) justifying the enrichment. If the enrichment occurred outside of a legal framework, a constructive trust may be warranted.
If these criteria are met, the court can declare a proportionate ownership interest in the property for the claimant and order the division of assets accordingly.
Real-Life Examples Where Constructive Trust May Apply
- A common-law partner helps renovate a home owned solely by the other partner, significantly increasing its value.
- One spouse financially supports the other in building a business, which is then sold for a large profit after separation.
- A stay-at-home parent sacrifices career opportunities to raise children, allowing the other partner to advance professionally and acquire valuable property.
- A partner makes mortgage payments or pays property taxes on a home in the other partner’s name.
In all these situations, a constructive trust may be the only legal avenue for the non-titled party to gain equitable recognition of their contribution.
How Ulasi Law Group: Family Edmonton Lawyers Can Help
Ulasi Law Group brings experience, strategic thinking, and compassionate advocacy to clients navigating the complexities of constructive trust claims. Here’s how they can help:
- Legal Analysis ofYourContributions
The lawyers at Ulasi Law Group will conduct a detailed review of your financial, physical, or emotional contributions during the relationship. They can gather and organize evidence—such as bank records, receipts, text messages, or witness testimony—to establish your claim.
- Unjust Enrichment Strategy
With deep knowledge of Alberta’s legal framework, they will evaluate whether unjust enrichment has occurred and whether the constructive trust remedy is the best approach. If so, they will build a compelling case using applicable precedents.
- Negotiation and Mediation
Often, constructive trust claims can be resolved outside of court through negotiation or mediation. Ulasi Law Group has a reputation for achieving favorable out-of-court settlements, saving clients time, stress, and legal fees.
- Litigation Support
If court becomes necessary, the firm will zealously advocate for your interests. Their litigation team is experienced in presenting complex arguments before the Court of King’s Bench of Alberta and will pursue your rightful share of the property with clarity and force.
- Protection of Rights in Common-LawRelationships
In Alberta, common-law couples (called Adult Interdependent Partners) do not have automatic property rights under the Matrimonial Property Act. Ulasi Law Group ensures these partners are not left without recourse by using constructive trust principles to protect their equitable interest in property.
Constructive Trust vs. Other Remedies
Sometimes clients wonder whether they should pursue a constructive trust or another remedy like quantum meruit (a claim for the value of services provided). Ulasi Law Group can assess which legal route offers the most favorable outcome depending on:
- The type of contribution made (money vs. services)
- The existence of any contracts or agreements
- The type of property involved
- The extent to which property value was increased
Why Choose Ulasi Law Group?
Ulasi Law Group stands out among Edmonton family law firms because of their:
- Client-Centered Approach: Every client’s situation is unique. The firm listens carefully and tailors its strategy to each individual’s needs.
- Strong Courtroom Advocacy: If negotiation fails, they bring courtroom strength to get results.
- Comprehensive Legal Knowledge: With a deep understanding of Alberta property and family law, their lawyers know how to maximize outcomes for clients.
- Track Record of Success: Ulasi Law Group has helped numerous clients recover property or secure fair compensation after separation.
Conclusion: Get the Justice You Deserve
When a relationship ends, and your contributions are at risk of being forgotten or dismissed because you’re not on the title of a property, a constructive trust may be your key to justice. This legal doctrine ensures that your efforts—be they financial, physical, or emotional—are fairly recognized.
Whether you’re asserting your interest in a shared home, business, or other asset, Ulasi Law Group: Family Edmonton Lawyers can be your trusted legal ally. Their expertise in unjust enrichment claims and constructive trust litigation gives you the confidence that your rights and contributions will be respected.
Contact Ulasi Law Group today for a confidential consultation and start protecting what’s rightfully yours.