Constructive Trust. A constructive trust is not an actual trust by the traditional definition. It is a legal fiction that is used as a remedy for unjust enrichment. Hence, there is no trustee, but the constructive trust orders the person who would otherwise be unjustly enriched to transfer the property to the intended party. wex: COMMERCE.
In the past, quitclaim deeds gave complete ownership to the holder after seven years of uncontested use â even if the person who gave you the deed wasnât the real owner. Now, itâs not as simple. More documentation is required as listed in the Official Code of Georgia.
If your spouseâs name is not on the deed to your property, you can add it by executing a new quitclaim deed according to your stateâs rules. A quitclaim deed is typically a simple document in which you, as the owner, transfer the property to you and your spouse jointly. In effect, this adds your spouseâs name to the property. You can also give your spouse ârights of survivorshipâ in the quitclaim deed.