Hayward, CA asked in Divorce for California

Q: If I put my house in a living trust prior to marriage, is it protected/considered separate property, if divorce?

This is my house I bought prior to the relationship

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: What makes this house separate property is the fact that you purchased it prior to marriage. Whose name is on title is not the determining factor. What happens during the marriage is another issue. i.e. if income during the marriage is used to make mortgage payments on this property, the community will acquire an interest (although the property will still be your separate property). To protect that interest, or to prevent the community from acquiring an interest, even if mortgage payments are made during the marriage, you need a prenup.

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