Legal Question in Family Law in California

Protection of real estate in a living trust during divorce

I owned my house and placed it in a revocable living trust prior to my recent marriage. I'm still making monthly payments on the mortage. If I divorce my wife does she have any rights or claims to the house that is in my trust?


Asked on 6/21/02, 3:30 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Protection of real estate in a living trust during divorce

She might have some claim to equity in the house, such as the principal paydown for payments made with community funds, however, generally they are somewhat nominal rights. You may wish to have a more complete consultation with a family law attorney so that he can advise you of the pitfalls that you might encounter. Good Luck, Pat McCrary

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Answered on 6/22/02, 12:29 pm


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