Frequently Asked Questions (FAQs)
Joint tenancy, Community Property, Domestic Partnerships
Can we establish the community property character of our home through a living trust?
Yes. Title to your family home will be in your names as Trustees of your living trust. The law states that the transfer of property to a couple’s revocable trust is presumed to retain the character (community or separate) the property had prior to the transfer. To make sure that trust property is administered and distributed as you intend when one spouse dies, it is important for a husband and wife to properly characterize all property in their living trust as either community or separate property.
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- Joint tenancy, Community Property, Domestic Partnerships