Constructive Trust Attorney in Queens, NY

When someone you trusted breaks a promise about property, whether it involves a family home, a business, or assets shared during a relationship, the law does not always offer a straightforward remedy. Standard contract claims may fall short, especially when the agreement was never put in writing. In these situations, New York courts recognize a powerful equitable tool called a constructive trust, which can compel the person holding your property to return it.

At the Law Offices of Andreas Vasilatos, PLLC, we represent clients throughout Queens and the greater New York City area in constructive trust claims arising from family disputes, relationship breakdowns, real estate disagreements, and contested estates. Our attorneys combine deep litigation experience with a thorough understanding of New York’s equitable principles to recover property for clients who have been wrongfully deprived of what belongs to them.

To read more about real-world examples of why you should hire a constructive trust lawyer, read these two articles about a recent dispute between a couple over their $4.3 million apartment.  

• Boyfriend sics ICE on undocumented partner amid dispute over $4.3 million Tribeca condo
• Sotheby's realtor set ICE on his wealthy, self-made Irish boyfriend and had him DEPORTED after $4.3m NYC apartment was put in his name, lawsuit alleges

What is a Constructive Trust?

A constructive trust is not a trust in the traditional sense. Unlike a revocable living trust or a testamentary trust used in estate planning, a constructive trust is not created by a written document or a deliberate act of the parties. Instead, it is an equitable remedy imposed by a court to prevent injustice.

The concept dates back over a century in New York law. In the landmark 1919 decision Beatty v. Guggenheim Exploration Co., the Court of Appeals described the constructive trust as “the formula through which the conscience of equity finds expression.” Put plainly, when one person holds legal title to property but it would be fundamentally unfair for them to keep it, a court can declare that they hold it in “constructive trust” for the rightful owner and order its return.

The constructive trust is not a cause of action in itself but rather a tool that courts use to correct a wrong. It is an exception to the statute of frauds, which ordinarily requires real estate agreements to be in writing. Because the doctrine exists specifically to address situations in which written agreements are absent, the court looks instead at the conduct of the parties, the promises that were made, and the fairness of the outcome.