Divorce community property vs. separate property.

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 on June 10, 2009 under Family Law, California


Oksana Van Rooy, Attorney at Law / Law Offices of Oksana Van Rooy

Answered 11 years ago | Contributor

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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