Does my wife have access to my estate that was placed in a revocable living trust prior to our marriage?
Tuesday, September 7th, 2010 at
3:32 am
I’m currently single and would like to know if I have a revocable living trust established when I’m single (where all my property is transferred into the trust) and I later get married and I do not add my wife into the estate, will she have any rights to the home we live in, trust bank accounts, or the rest of my estate if I never add her in the trust and we later get divorced? Does she gain more rights after a certain amount of time after being married (i.e. more than 10 years, etc.). Curious to know this information.
I live in California.
Filed under: Retirement Planning
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ask a lawyer. you probably need a prenup.
Nope, what you come in with; is what you leave with. The only thing that is divide is whats gained or acquired while you both were married up until the divorce being finialized.
no she wouldnt have acess to any of it however fromt he day the two of you were married if she and IF SHE is working and you two have children then she will be entitled to some what of what you two accumilate together from marriage date but not entitled to anything prior
you need a lawyer
If it is in a irrevocable trust with only your name on it, when you get married your wife will not have access to that money – provided you never have it in a joint account with her. Once you do that, you have made it a "martial asset" to which she can claim an interest in. However, depending on what state you are in, if you kick the bucket or go through an ugly divorce, she can go to court and tie it all up for years before the courts decide what to do with it. I agree that a pre-nump is probably a good idea.
Yes, but has be to after 10 years she has a right to anything you have.. I would have a prenup signed and then go from there…. after you marry a women she becomes the heir to everything you have unless stated otherwise……. so if you intend on getting married get the lil paper sayin prenup so she has no right to any of that.
It all depends on the state you live in. If your in California all property bought during the marriage is community property and will be divided into half. Any property bought before the marriage is just yours! The amount of years married means nothing, unless of course she wants alimony..lol
This stuff varies a lot by jurisdiction. Get yourself a good local lawyer and ask the question of him or her.
If you set up a revocable living trust prior to marriage and do not have a prenuptial agreement, your wife may be entitled to a portion of this estate … and her rights increase with time.
If you are having difficulties in your marriage, you may want to check with an estate attorney to verify information.
More importantly, the laws for revocable trusts can change and to protect your wealth prior to a marriage a pre-nuptial is your best bet!