Constructive Trusts, Specific Property

A constructive trust is not a cause of action. It is a remedy. Specifically, it is a remedy in cases where one who has acquired property under such circumstances as make it inequitable for him to retain it by making him or her a trustee for the person(s) injured. Ralls County Mut. Ins. Co. v. RCS Bank, 314 S.W.3d 792, 795 (Mo. Ct. App. 2010).

Generally, there are two types of situations where a constructive trust may be imposed: (1) where there is fraud or unethical conduct in the acquisition of property and (2) where the securing of title was rightful but the retention of the property was wrongful.

The very essence of a constructive trust, however, is the identification of specific property or funds as the res to which trust may be attached. Id. Absent “discrete funds or assets,” the Court cannot impose a constructive trust. Commonwealth Land Title Ins. Co. v. Miceli, 480 S.W.3d 354, 368 (Mo. Ct. App. 2015).

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