Constructive Trust, Quiet Title & Unjust Enrichment—A New Hampshire Trial Win that Protected Our Client’s Property Rights
- Keith Diaz
- Oct 27
- 4 min read
When family and business overlap, people often rely on trust instead of paper. That trust can fray. New Hampshire law offers powerful equitable tools to correct the record when legal title and true ownership diverge. In a recent three-day bench trial, Apis Law prevailed in Superior Court on claims that turned on constructive trust, quiet title, and unjust enrichment, securing a clear title for our client on multiple disputed properties and preventing an unjust windfall to the opposing side.
The Problem We Solved
Our client faced a familiar scenario: years of informal, family-based real-estate deals—buying, renovating, refinancing, and renting—without comprehensive written agreements. Titles and mortgages were sometimes parked with a relative for access to capital or convenience, taxes and improvements were paid by different people at different times, and later everyone remembered the “deal” a little differently. When a divorce action required the court to determine what was actually marital property, the disputes landed in the Superior Court. On behalf of our client, we secured a constructive trust win in New Hampshire.
What Is a Constructive Trust (in Plain English)?
A constructive trust is a court-ordered remedy that treats someone as if they hold property in trust for the rightful owner—even if the deed says otherwise. New Hampshire courts impose constructive trusts to prevent unjust enrichment where there’s an oral promise to reconvey or where the parties have a confidential relationship (think close family or fiduciary context). See Cornwell v. Cornwell, 116 N.H. 205 (1976) (constructive trust prevents unjust enrichment and may rest on oral promises despite Statute of Frauds); Clooney v. Clooney, 118 N.H. 754, 758 (1978) (clear and convincing evidence standard). The companion doctrine of unjust enrichment allows restitution when someone would otherwise keep a benefit that would be unconscionable to retain, see Turner v. Shared Towers VA, LLC, 167 N.H. 196, 202 (2014).
A Constructive Trust Trial Win in New Hampshire
Our constructive trust trial ended in a decisive win in New Hampshire. We established four critical themes:
Confidential Relationship & Course of Dealing: The parties operated for years on trust—moving title for financing convenience, using a HELOC to close, later repaying from a refinance or sale. This history matters: New Hampshire equity looks at what the parties actually intended and did, not just what the deed says.
Oral Promises & Reconveyance: We showed that specific parcels were always intended to be reconveyed after financing steps were completed. Bank records (HELOC paydowns), tax receipts, and improvement invoices corroborated the promise.
Who Bore the Economic Burdens and Benefits: We mapped who paid taxes, who invested in improvements, who collected rent, and who shouldered the mortgage. When the “paper” owner isn’t paying a dime while another party is paying everything, equity takes notice.
Unjust Enrichment as a Backstop: Even where the paper trail was incomplete, we demonstrated that allowing the record owner to keep the property (or keep the improvements without payment) would be inequitable. Restitution—not a windfall—is the equitable result.
Think the deed doesn’t match the deal?
Speak directly with a New Hampshire attorney about constructive trust and quiet title.
Call Apis Law (603) 785-1013 or request a case assessment—confidential, focused, and fast.
The Result
The Court imposed constructive trusts that:
Returned title to the parties who actually paid for the properties and carried them economically;
Confirmed 100% ownership for our client on key parcels; and
Ordered targeted reimbursements to avoid unjust enrichment (e.g., repayment of discrete closing or improvement costs when appropriate).
This was not a one-way street. Equity balances the books. Where a relative genuinely paid a specific cost and was not repaid, the Court ordered reimbursement. Where our client proved payment, responsibility, and reliance on promises to reconvey, the Court quieted title in our client’s favor.
Why This Matters for You
If you are in New Hampshire and have family real-estate arrangements, handshake deals, or title parked with a relative for financing convenience, you may still have enforceable rights even without a formal contract. The constructive trust remedy exists to match legal title with the true deal, and unjust enrichment prevents someone from keeping a benefit they didn’t pay for.
Key Takeaways:
Paper isn’t everything. Equity can recognize oral promises, especially in confidential or family relationships.
Evidence wins. Bank statements, tax records, rent ledgers, contractor invoices, emails, and even texts that show intent or reconveyance promises can meet the “clear and convincing” standard.
Balance is built in. Courts will award reimbursement to avoid windfalls while still placing title where it belongs.
Timing matters. If a divorce, estate, or partition is looming, address title issues early. Quieting title now can prevent expensive surprises later.
When to Call Us
A relative “helped” with a purchase and took title, but you paid everything and were promised it back.
You used a parent’s HELOC “just for closing,” later repaid it, but the deed was never returned to you.
Family investments were mixed and now divorce, death, or a sale requires sorting out who owns what.
You’re facing quiet title litigation or need to bring it yourself to protect your equity.
Apis Law litigates real estate disputes in New Hampshire Superior Courts. We combine tight evidence work with aggressive equitable remedies to align title with reality—and to stop unjust enrichment in its tracks.
Bottom line: If the deed doesn’t reflect the deal, equity can fix it. We’ll build the record to prove it.
FAQs
Q1: Do I need a written agreement to prove a constructive trust in NH?
No. Courts can impose a constructive trust based on oral promises and a confidential relationship to prevent unjust enrichment, proven by clear and convincing evidence (e.g., payments, taxes, and communications).
Q2: What kind of evidence persuades the court?
Bank/HELOC records, property tax receipts, rent ledgers, invoices, emails/texts showing intent to reconvey, and proof of who carried the property financially.
Q3: Can the court award money even if I win title?
Yes. Equity avoids windfalls. The court may order reimbursement for discrete costs paid by another party while confirming title in your favor.
Q4: How is quiet title different from a constructive trust?
Quiet title clarifies who owns the property in the land records. A constructive trust is the equitable remedy the court uses to get there when legal title doesn’t reflect the true deal.
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