Douglas v. Langehennig (Jul. 28, 2008)
Issue: The Plaintiff alleges three causes of action: (1) for a judgment declaring that at least a portion of the proceeds of the sale of the Home is her separate property; (2) for the imposition of a constructive trust on at least a portion of the proceeds of the sale of the Home; and (3) for a judgment declaring that she had a homestead interest in the Home and is therefore entitled to proceeds of its sale to the extent of the value of that interest.
Holding: The Court finds that the Trustee’s Motion to Dismiss should be denied with respect to the Plaintiff’s claims to declare all or a portion of the Home’s proceeds as her separate property and to impose a constructive trust on those proceeds. With respect to the Plaintiff’s claim based on her assertion of a state law homestead interest in the Home, the Court finds that the Motion to Dismiss should be granted, and this claim should be dismissed.