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How is property divided in a divorce

1 Answers. Asked on Feb 19th, 2017 on Trusts and Estates - California
More details to this question:
I live in California have been married for 17yrs. We moved in to my childhood home that my father owned. He passed away a few years back. He left me the house in a trust I have no siblings it's just me. My wife and I are getting divorced and she claims she is getting half of the house. Does she have the right to make me sell it and split it up?
Answers Showing 1 out of 1
Ms. Maryellen Sullivan, Esq. at Law Office of Mark Standen, LLC
Licenced in ME
Answered on Feb 19th, 2017 at 6:10 PM

It is my understanding that trust property is not considered marital.  This depends on the terms of the trust, however.  If you are the trustee and have full access to the trust funds at any time, the court may consider them marital.  Likewise, if the trust has to pay you income, that income is considered marital.  The fact that she lives in the house also complicates things - for instance, she could claim that you both have invested marital funds in the house so that she is entitled to some equity.  This strikes me as a circumstance where an experienced attorney would be worth the cost.  

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