California | Family Law
Property division in divorce, both within a Living Trust and property not in the
I funded all assets in our Living Trust done 1 year into a 2 year marraige. Now she is claiming half MY assets in divorce. Is there legal precedent for separate property retaining its SP character in the LT; that it was a ''gift'' for Probate/Estate Planning purposes ONLY, NOT for Family Law Code purposes? She is claiming I truly ''gifted'' half my assets. Relatedly, I bought a house with my Mother's inheritance, registered it jointly (not in the LT) and she started that which lead to our divorce before the ink was dry on my investing my inheritance jointly. Is there any concept of ''marital bad faith/fraud'' which would protect MY assets, both in and not in the LT? My attorney is unsure of these areas.
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