Divorce community property vs. separate property.

Question Details: My wife inherited some real estate (condo) from her mother. We had the title changed and put into our family trust which has both myself and my wife as trustees. In a divorce is this considered community or separate property? Thank you

Asked 6/10/2009 under Divorce, Marriage, Alimony | 351 View(s) | More Legal Topics

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Oksana Van Rooy, Attorney at Law / Law Offices of Oksana Van Rooy Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

It would depend on the trust agreement. Normally, the trust document provides that the property does not change its character by transfer into the trust (i.e., if it was separate property before transfer to the trust, it would still be considered separate property in case of dissolution of marriage). So, just review your Trust Agreement/Declaration of Trust.

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