Should I put my jointly owned house in my individual living trust?

by Andrew
(Martinez, CA)

My partner and I both own a home in CA. Both of our names are on the deed document. I understand that if one of us dies, the house is then wholly owned by the surviving partner. Well, what if both of us die at the same time? I have an INDIVIDUAL living trust. Can I transfer the house into the trust? Thanks for any thoughts.

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Apr 17, 2012
need a california attorney
by: mo

Hi, good questions, however, I hesitate to hazard a guess as I'm not a California attorney. You need to talk to a California estate planning attorney.

I think you can transfer your interest in the house into the trust -- of course "your interest" could turn out to be nothing if you pass away first -- at least if your understanding of the California law is correct.

Again, you need to talk to a CA Trust and Estates Attorney.

This site might be helpful as well Community Property in California.

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