What happens to a living trust in a divorce in California?
Table of Contents
What happens to a living trust in a divorce in California?
In California, community property is evenly divided between spouses in a divorce. So, if you have community property in a living trust, your spouse will likely have rights to half of it. The trust itself may be community property if it was set up by you and your spouse with community property.
Can a trust protect you from divorce?
Aside from being used as an estate planning tool, trusts can be used for asset protection in divorce. If a spouse established a trust prior to the marriage, the assets placed in that trust are typically considered separate property as long as the funds are not combined with marital funds at any point.
How does a family trust work in California?
California law requires that if you own any property at your passing, you must go through probate. The family trust allows you to protect and pass on assets such as the family home, the family business or business interests, bank accounts, investment accounts, collections, personal property and other valuables.
Does adultery cause divorce?
In order to use adultery as grounds for a divorce, the filing party must present sufficient proof that the other party had sexual relations with a third party. Circumstantial as well as documented evidence, including videotapes of the spouse committing the sexual infidelity, can be used as proof of adultery.
