I am planning on getting married soon. Can I still do a separate living trust for my home after I get married?
3 attorney answers
You can keep it separate—but not by putting it in a trust. You need a prenuptial agreement. So, there’s no sneaky way to do this.
This is general advice. You are anonymous. If you PM me I won’t know what it’s about.
Yes, you can. It is better if you do it before you get married, because then there is no question as to the property being your separate property. Make sure that all expenses of the home are paid with separate property. It is also highly advisable to do a prenuptial agreement. If any community funds are used to pay expenses of the home, your new wife can argue that there is a community property interest in the home. Even if you spend time during your marriage to make repairs to your home, she can argue that there is a community property interest in your home, because your time and work is a community property interest. I highly recommend that you consult with an attorney.
You can, but there are some technical rules to follow to keep it your separate property. See a living tr5usdt lawyer for details.