Q: Am I entitled to assets in a trust after divorce?
I've been married for 12 years in California and my mother in law has supported my husband and I and bought us a house in her name and placed in her trust that my husband is named in...am I entitled to any of the property if we divorce? Mother in law has given money during the marriage but never put property in my husband or my name because she never wanted me to get anything in the event we divorced. Am I entitled to anything from it?
A:
You are entitled to one half of the community estate acquired during the marriage in the event of a divorce. Gifts to the community estate are treated differently than the income of each spouse. You do not acquire an interest in your mother-in-law's trust unless she gives it to you.
However, in the event of divorce, whether you may have an entitlement to continue to reside in the family home will depend on many factors. You will need the assistance of a good family law attorney to make sure your rights and interests are properly protected.
A: It sounds like the trust property is his separate property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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