Is real estate in a trust treated differently in a divorce?

UPDATED: Mar 15, 2011

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Is real estate in a trust treated differently in a divorce?

If my daughter puts real estate that is in her name only in a trust with me as the trustee before she gets married and then later gets a divorce would her husband have any claim to the property entrusted to me? In other words, would putting her house in a trust protect her right to sole ownership if she gets divorced.

Asked on March 15, 2011 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although estate planning is good at any age and at any time for many reasons, property that is owned prior to marriage - and not co-mingled in any way - is not marital property.  It remain separate property.  There are a number of other safeguards that your daughter can take, like entering in to a pre-nuptial agreement with her future husband where he acknowledges that the property is separate property no matter what (not the legal terminology that you need to use but you get my drift here).  Have an attorney draw it up and have her future husband get an attorney to review it.  The two in conjunction are a great way to plan ahead.  Good luck to her.

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