Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry about your situation. I am going to send several citations, but, without knowing more, it is hard to know exactly what you are looking for. Please let me know if you need anything else or something more specific.Coney v. Coney, 503 A. 2d 912 - NJ: Superior Court, Chancery Div. 1985
(Internal citations omitted.)
"The court may impose a resulting trust where one party purchases property with consideration furnished in whole or in part by the other party with the intention by the title holder to hold the title in trust for the party providing the consideration. he constructive trust
theory, the quasi-contract theory, and quantum meruit theory are not based upon any actual intent of the parties, but are arbitrarily imposed by the court to prevent an unjust enrichment."
"Defendant suggests that this court declare the property to be non-marital and plaintiff's remedy limited to the mortgage pay-down, as set forth in Griffith, supra. Without question, such a result would be grossly inequitable to plaintiff and result in an unjust enrichment to defendant. If the equitable distribution
statute does not apply to the facts of this case, the court will impose the equitable remedies to avoid that result."Mahoney v. Mahoney, 442 A. 2d 1062 - NJ: Appellate Div. 1982
"A working spouse who contributes to the education of another spouse does so certainly with the expectation that there will be in the future some benefit derived from such a sacrifice. The court is convinced that the facts of this case and the interrelationship of the parties mandate some credit to the working spouse by the spouse who pursued and achieved an education during the marriage. To ignore the contributions of the sacrificing spouse would be to work an injustice, an unfair advantage to the spouse who has gained the education and degree without obligation. There would be an unjust enrichment of the educated spouse."Kozlowski v. Kozlowski, 395 A. 2d 913 - NJ: Superior Court, Chancery Div. 1978
"Our case law supports the equitable principle that unjust enrichment of one party at the expense of the other will not be tolerated. The acceptance of valuable services performed under circumstances justifying the conclusion that it would be inequitable to allow the recipient to enjoy the benefit without compensation therefore supports relief by way of quantum meruit, quasi-contract, constructive trust or implied contract, as may be appropriate if no express contract exists. Our rules permit the employment within the pleadings of any or, in the alternative, all of these theories of relief. R. 4:5-6 and R. 4:5-7; see also, Power-Matics, Inc. v. Ligotti, 79 N.J. Super. 294, 304 (App. Div. 1963).
Please note: I aim to give you genuine
information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating