ELI5: Explain Like I'm 5

Constructive trusts in English law

Okay kiddo, let's talk about constructive trusts in English law!

Imagine you and a friend are building a sandcastle on the beach. You both contribute to building the sandcastle, but your friend gets tired and goes to get ice cream. While they're gone, a bully comes along and kicks over the sandcastle. Your friend comes back and is really upset that all of your hard work was destroyed.

Now, let's say that instead of a sandcastle, you and your friend have been working on a piece of property. You both put money into buying it, and then you both work hard to renovate the house on it. But then, for whatever reason, only your friend's name is on the legal documents that say who owns the property. Maybe they forgot to put your name on there, or maybe they did it intentionally.

In this situation, a constructive trust could come into play. A constructive trust is a legal concept that says that even if someone is the only name on a legal document, if they acquired that property (or money, or other assets) with the help of someone else, then a trust is created. This means that the legal owner holds the property "in trust" for both of them, and will be required to split the profits or benefits of that property in a fair way.

To go back to our sandcastle example, if your friend were to try to claim that the entire sandcastle was theirs because only their name was on the sign they put up, you could argue that a constructive trust was created. Both of you put in time and effort into building the sandcastle, so both of you should be able to enjoy it.

In short, a constructive trust is a legal concept that recognizes that sometimes people work together on something, even if only one person's name is officially on the paperwork. In these cases, a trust can be created to make sure that everyone is treated fairly.