Living trust (family trust) can shield assets from divorce

by Aurora
(Santa Clara, CA)

Real estate acquired as inheritance (before or after marriage) can be shield from the spouse's claim at divorce as long as the real estate remains separated.


If my living trust states that my married daughter will inherit my primary home when I pass on, even if she leaves the home separated from her husband's assets, and she continues paying the remaining mortgage and property tax from her wages, can the spouse have a claim on the house in case of divorce?

Are my daughter's wages considered community property; if so, then the spouse (at divorce) can have a claim on the property?

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