Sentences with phrase «constructive trust comes»
Where simply having the other spouse pay money is not enough, then the doctrine of CONSTRUCTIVE TRUST comes into play.
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But essentially, while express trusts are those which come into existence because settlors have expressed their intention to that effect, constructive trusts arise not because of anyone's expression of trust intent but because B ought to surrender property to A and this is the machinery the court employs in order to get B to do that.