Gitto v. Gitto

Plaintiff, Carolina Gitto (Mother), filed a complaint in the District Court of the Fourth Judicial District, Missoula County, seeking to impose a trust upon the home of the defendants, Guiseppe (Joe) and Karen Gitto. The District Court, after a non-jury trial, granted judgment in favor of Karen. Mother appeals. We affirm.

The following issues are raised on appeal:

1. When a mother loans money to her son for the construction of the son’s family home, is the district court required to impose upon the home a resulting trust in favor of the mother?

2. Is a wife unjustly enriched when, in a…