From justicefamilylawyers.com.au: A constructive trust is a court-imposed remedy in Australian family law designed to prevent unjust enrichment when one partner claims rights to property legally owned by another, despite significant contributions from the claimant.

The court considers factors such as financial and non-financial contributions, as well as the intentions of the parties, to determine whether a constructive trust exists. Successful claims can significantly impact property settlements during divorce, potentially recognizing the contributions of the non-owner partner and altering ownership status.

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