Constructive Trust

Elements

A constructive trust will arise and affect property acquisitions under circumstances where:

(1) a confidential relationship exists between the parties;

(2) retention of legal title by the holder thereof against another would be inequitable; and

(3) the existence of such a trust is essential to the effectuation of justice. 

Locken v. Locken, 98 Nev. 369, 372, 650 P.2d 803, 805 (1982)(citing (citing Schmidt v. Merriweather, 82 Nev. 372, 375, 418 P.2d 991, 993 (1966)).

A constructive trust is a remedial device by which the holder of legal title to property is held to be a trustee of that property for the benefit of another who in good conscience is entitled to it.

Locken v. Locken, 98 Nev. 369, 372, 650 P.2d 803, 805 (1982) See also Namow Corp. v. Egger, 99 Nev. 590, 592, 668 P.2d 265, 267 (1983).