My husband has a trust fund. If we get divorced will I be entitled to any of that money?

Asked about 4 years ago - Queen Creek, AZ

I did not sign a prenuptial. If he used his trust fund to purchase our house, but I signed a quit claim deed, am I entitled to anything? Such as 1/2 of the house?

Attorney answers (4)

  1. Ronee F Korbin Steiner

    Contributor Level 14

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    Lawyer agrees

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    Answered . There are other facts I need to know. If the trust was set up prior to the marriage, there were clearly things in the trust that are his. But, the presumption in AZ is that if you acquired the property during the marriage it belongs to both of you. You did not indicate how the title is held. Is it held jointly or did you sign a quit claim over to him or to the trust? How did he buy the house? With community funds or funds from prior to the marriage? If he had the funds prior and you two use community funds during the marriage to pay down the principal on the loan, you may be entitled to some amount under that premise. So this is not as simple as just saying yes or no.

  2. Angela M Wilson-Goodman

    Contributor Level 11

    Answered . It really depends on the source of the monies held in trust and applied toward the payment of the house. It sounds like this trust is an estate planning trust that he got from family (probably his parents) and is his inheritance or gifted from family. If that is the case, then the monies he used from that trust fund to purchase the house are his sole and separate property. Is there also a mortgage on the house? If so, then you may have a claim for some portion of the equity in the house, depending on how much of the mortgage was paid using community funds.

    Do you have a copy of the trust, or any of the mortgage documents? if so, you really should take them to an attorney to review the situation with you. Another thing to consider, though, is if he has a paid-off house, that may factor into whether you would be eligible for spousal maintenance and the amount.

    Disclaimer - This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney- client relationship between the person posting the question and the attorney submitting the response. This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. It is not intended to give you specific legal advice. For matters involving custody and parenting time, it is recommended that you contact an attorney for a legal consultation.

    Wilson-Goodman & Fong, PLLC, has offices in Gilbert and Queen Creek, and handles cases in both Maricopa and Pinal Counties. There are several family law attorneys at the firm, each with different levels of experience and cost, to suit your specific needs.

  3. Lonnie K McDowell

    Pro

    Contributor Level 15

    Answered . If the trust fund is an inheritance of some sort, it's likely you will not be entitled to the trust fund or the house purchased with the trust fund. It would be separate property, not community, and not arising out of community effort during the marriage.

    There are a lot of "but ifs" that need to be answered to say for sure: but if you put some money into improving the house or if he put community effort into improving it, then there may be some claim, for example.

  4. Cortney Harrison Bethmann

    Contributor Level 14

    Answered . The answer to your question may depend on the language of the trust document itself.

    As far as the house goes, you really need the assistance of a lawyer to make sure you receive your fair share. Arizona is a "community property" state, so there are some special rules about property division. A family lawyer can help you determine what you are entitled to receive from a divorce.

Related Topics

Real estate quitclaim deed

A quitclaim deed is used to transfer ownership without a sale taking place or verifying ownership. It's often used to transfer property between family members.

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