Can my spouse do what he wants with our marital assets without my consent?

If you live in Oregon, spouses can own property separately. Most spouses own essentially everything as joint tenants with right of survivorship. If you do not join in the transfer of these assets to a trust (for real property, don't sign a deed; for bank and brokerage accounts, if he withdraws all your money from joint accounts and puts it in trust, file for divorce) then, no. But if you don't act, and allow him to move all the assets to his control, then you lose. Do you have income separate from his? Put it in a bank account in your sole name. Frankly, if he is trying to do these things without your knowledge and consent, you need a family law attorney, not an estate planner.

It may be possible for him to do this, depending on the assets involved. It would be difficult or impossible with many assets, however. If the real estate is jointly held, you would need to sign off on it. He has no access to your retirement accounts at all. They belong to you. He may be a beneficiary upon your death, but that does not give him any access or control over these assets. Your second question: how do you find out? A Will transfers only probate assets, at time of death. Your joint assets would never pass under your husband's Will. With a trust, title must be transferred during lifetime. If you see account statements listing the assets in your husband's name as trustee, then that would be a huge tip-off. If you have additional concerns, you should meet with your own attorney to review your situation.

Any assets (property, money, business, etc.) that you hold jointly with your husband can be used by either party, even to the exclusion of the other. The exception concerns land, the sale of which will require both signatures. A person can only include those items in his or her will or trust that he or she owns or has an interest in. For example, if you and your husband own your residence as joint tenants, he can't will his share to to the children because, by law, the surviving spouse gets the property. However, if you own as tenants in common, he can bequeath his undivided share to anyone he wants.

You are entitled to one half of the community property, that is property obtained during the marriage, and if he does have a trust, and he put the property into the trust, upon his death, you are entitled to elect to take your share. I suggest you obtain some advice from an estate planning attorney. The question that needs to be answered is whether the property you hold is in joint tenancy title? If so, you would survive to his interest regardless of whether he put the property into a trust.

If you live in a community property state, he is not permitted to do so.