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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption