In Lester v. Zimmer, 147 AD2d 340, 542 NYS2d 855 (3rd Dept 1989), the Third Department held that third element of a constructive trust, a transfer in reliance of a promise, can be shown by contributions of funds, time, and effort, by a domestic partner in reliance on a promise to share the results of their joint efforts." The Court than set forth that "here, defendant has asserted that she made contributions of time and effort on behalf of the family unit in reliance on plaintiff's promise to contribute to the support of the family unit. She also asserts that the plaintiff would be unjustly enriched if those contributions are ignored and the proceeds of the partition are divided based on the financial contributions made toward the subject property. Assuming defendant's allegations to be true, she has articulated a colorable claim for a constructive trust on the proceeds of the sale of the subject property. The contributions of the parties to the relationship, both financial and otherwise, including plaintiff's retirement funds are relevant to defendant's claim." In Lester v. Zimmer, supra, the girlfriend met her burden of demonstrating prima facie basis for imposition of a constructive trust by her supporting affidavits that indicated that she provided financial support to her former boyfriend during the construction of their home, contributed for the cost of material, and actually participated in building the house on the boyfriend's mother's land. The plaintiff, who was seeking a one half interest in the property, contended that the mother promised to give title to the house to them.