Legal Question in Wills and Trusts in California

My husband put his ranch that he had aquired 20 yrs ago into a living trust after we were married a year ago, leaving the property to his two sons upon his death. The property has a fairly rough road and water system and only a couple primitive outbuildings. We are planning to build our dream home there within 3yrs. My concern and question is, what about all the hard manual work and money that I contribute to this property and home? I have three sons and feel that all my contributions should have some value in the end as well. Does the living trust override community property laws in the state of California? Maybe I am confusing divorce laws with wills and trusts...but I always thought that any values or assets gained during a marriage were 50/50. Any advice is appreciated.


Asked on 12/08/09, 10:40 am

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

Property acquired during a marriage is community property. The ranch was acquired long before your marriage and is separate property; however, your contributions to the property with your separate property or community property earnings can make for a confusing state of affairsas a court might have to decide later on whether your contributions to the property were a gift or created some % community property interest. I don't recommend waiting and seeing how a court might sort out tehse issues. Unfortunately, this is an awkward and delicate discussion that needs to be discussed with your new husband about whether you need to amend his trust or create a new estate plan. If his current will/trust fails to mention you at all, then you may have other legal rights as an omitted spouse. After discussing this with your husband, you should also discuss these issues with an attorney who can give you specific legal advice.

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Answered on 12/14/09, 8:37 am


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