I have had this trust fund since i was a baby. when my husband and i were married neither of us signed a prenuptial agreement. Is he entitled to my trust trust fund? i was told that after so many years of marriage, he would in fact get half. is this true?
Hi, If this trust fund was separate property, predates the marriage and has always been in your name and your husband's name was never added to it then it should be considered your separate property and most likely not subject to division. To be sure talk to a family law attorney. Good luck to you.
This will depend on how you used the trust fund during the marriage. If you never "co-mingled" the funds, then it can be considered separate property and awarded solely to you in the divorce. Examples of co-mingling are varied, but include putting his name on the account as a beneficiary, transferring money from that trust fund to accounts in his name, or using money from that trust fund to pay joint living expenses. If you have co-mingled the trust account with his assets, then some or all of it may be considered part of the marital estate and divided appropriately. I suggest you speak with a local attorney to address this potentially complicated issue.
As you can see from Mr. Gornbein's answer and Ms. Schmidt's answer, there is a pretty good chance that your trust fund will not have to be shared with your husband. However, divorce is "equitable" relief and so specific facts are important. A local divorce lawyer should be able to listen to your facts and let you know what is likely to happen during the divorce.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
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