Legal Question in Wills and Trusts in California

Re: Living Trust

The question is a little unclear given the limited facts. In general, you are only entitled to give away what you own. If you own community property, you are entitled to give away your one half interest to whomever you choose. You do not have to give it to your husband. If you own real property in both you and your husband's name, you will either need his signature to transfer the property to the living trust, or you will only be able to transfer your one half interest to the trust.