Legal Question in Family Law in California

This is a complicated question and very fact specific. I assume you are asking this in the context of a divorce and as such should consult an attorney in the county where your case is in the court system, but if not, you should consult with an attorney in the county where you live.

While your spouse is not on title, the presumption is that there is no interest in the property. However, the specific terms of the trust, and the manner in which the trust is held may create a possible credit to your spouse, if not an express ownership interest. If you are making mortgage payments on the house during marriage, even if in trust, there may some portion of the mortgage payment and principal buy down that may have some community property character and therefore create some small percentage of financial interest owned by you and your husband outside the trust.