Justice F. Dana Winslow
Husband sought to impose a constructive trust for his benefit over residential properties owned by wife. He claimed an interest in two properties wife owned arguing they were purchased by the parties during their marriage where one was used as the marital residence, while the other was an investment property. Husband admitted he paid no rent, but argued he paid the expenses on the investment property. He claimed both properties were placed in wife’s name to shield them from liability as husband owned a private construction business. The court found husband failed to establish a basis for imposition of a constructive trust, conceding the parties had a confidential relationship at the time the properties were acquired. It noted husband submitted no evidence that money or property was transferred in reliance on the parties’ relationship as the record included no cancelled checks, invoices or other evidence showing husband contributed financially to the overhead or expenses of the properties. The court stated wife was not unjustly enriched, noting the properties were in foreclosure and even if wife derived some profit from her ownership of the properties, it did not follow that husband should be rewarded with a share. Thus, the action was dismissed.
