QUESTION
Do I have any right to a trust fund set up by my husband's mother after we married?
Asked on May 02nd, 2013 on Divorce - Arizona
More details to this question:
I owned the property my husband and I live on before we got married 11 years ago. For the last 10 years, we paid the mortgage out of our joint account. During that time, my husband's father died and the family money was put in a family trust with my husband and his mother as beneficiaries, and a house on the adjoining property to mine was purchased through this and belongs to the trust. If we divorced, does he get half the property if I refinance now and don't put him on the deed? And would I have any right to 1/2 of his share of the trust (before his mother dies)? What about after?
1 ANSWER
This is requesting direct legal advice, versus answering general questions. Hopefully Law QA has addressed this. In general, anything that you owned prior to the marriage is your sole and separate property, as well as anything that given directly to you via gift, devise or descent. There can be issues of co-mingling, as you point out below.
Answered on May 07th, 2013 at 1:59 PM