Question: We gave our daughter the money to buy a nice home in Chandler for her and her two children. Our daughter had drug problems, however, and went to prison for 18 months. Before going to prison, she deeded the home to her boyfriend. He gave her no money for the deed. He passed away while she was in prison, and his children took possession of the home. Our daughter is now out of prison, and her boyfriend’s children won’t even let her into the home. She wants the home back. Does our daughter have a chance of getting the home back?

Answer: Yes. If your daughter’s boyfriend gave no money or other valuable consideration for the deed to the home, and your daughter’s intent was simply to convey the home to her boyfriend while she was in prison, a constructive trust was probably created. In other words, the boyfriend held the home in trust for your daughter until she was released from prison. Therefore, her boyfriend’s children would have no legal interest in the home.

Your daughter should contact an Arizona real estate attorney to file a lawsuit to enforce this constructive trust, and to evict her boyfriend’s children.