Legal Question in Wills and Trusts in California

I had a joint trust, but I have been divorced for 4 years. This trust should be obsolete, inactive, revoked due to divorce, but it seems to be a problem now that I am refinancing my house. Is it revoked or do I need to do something?

Asked on 7/26/13, 10:49 am

3 Answers from Attorneys

Scott Jordan Dunning Law Firm

Legally, the trust is void. However, your house appears to have been transferred to the trust and the trust is the owner of the house. You will need to remover the property from the trust to your name by recording a quit claim deed from you as trustee to you as the grantee.

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Answered on 7/26/13, 11:44 am

Jennifer Rouse Meissner Joseph & Palley

You need to look at the terms of the trust to see how it can be revoked. Typically, getting divorced does not automatically revoke a revocable trust and you need to actually sign a revocation. Your marital settlement agreement have a provision which revokes the trust.

Mr. Jordan is correct that you (and your ex-spouse if they were also named a co-trustee on the deed transferring the property to the trust) will need to execute and record a quitclaim deed taking title out of the trust back to how title was originally held before it went into the trust.

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Answered on 7/26/13, 12:12 pm
William Christian Rodi Pollock

I agree with other counsel. The title company is indicating your trust owns the home, not you. Read the trust carefully to determine what you need to do to get title properly transferred. Your dissolution counsel (if any) should have done this. Once you get title properly in your name, see an estate planning attorney and either sign a new will or create a new trust to get your estate planning in order.

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Answered on 7/26/13, 3:37 pm

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