Today, we’re going to be talking about a constructive trust during a West Virginia divorce. Now let’s say for example, you’ve got a soon to be former ex-spouse and you are concerned that what they’re going to do is take a bunch of money and they are going to obscure bond with it. Let’s say there’s $10,000 sitting in a bank account. You want that asset to be preserved. What you can do is you can file a motion with the court asking for what’s known as a constructive trust.
A constructive trust is a means of making sure that assets are not going to be utilized in any way, shape or form. It’s a mechanism that we use sometimes at a temporary hearing. For example, once you get to the temporary hearing, if you’ve filed a motion and ask for constructive trust, you can be reimbursed. Generally speaking, what the court is going to do anyways is they’re going to take a look at all of the property you both have.
Let’s say that you’re still concerned that your soon to be ex is going to be doing something with some property, then you can ask the court for a constructive trust. Typically, it needs to be filed. You set a hearing for the temporary hearing. Once you get to the temporary hearing, then you would address the concerns and ask for the constructive trust to be granted. It’s just another mechanism that can be used to help you preserve assets. A constructive trust is not just for bank accounts, it’s also for any other property whatsoever.
Let’s say that there’s tangible personal property. Let’s say that there’s a tractor, care, jewelry or anything at all. You can make sure that there is a constructive trust in that property is protecting it. Now typically, what will happen is the court will make sure that this applies both ways. For example, if there’s a constructive trust in that property, there’s going to be a constructive trust in all marital property that there is. That’s a brief overview for now of a constructive trust while going through your West Virginia divorce.
