Can property be given to a dependent child by trust?


#1

(still married) Thanks for previous response. Spouse and I bought land we intended to develop and eventually live on. Spouse (through a complicated set of circumstances) claims she can prove that land is “hers”, that she paid for it solely.
The title is in her name solely. I can’t go into the details of why she claims the land is “hers” (this would have to be argued in court), but, my question is–
could she give this land (assuming it is hers) to a child (by a trust) who is still dependent (either giving it to him outright,currently,or by giving it to him at a future date by trust), effectively removing the property from ED considerations?And, by your previous response, if this has already been done, I wouldn’t know she had created this trust (unless she told me) since she could have done so without
telling me and trusts don’t have to be recorded or filed, right?

                                                                                          Thanks

#2

Even if the land is titled in her sole name, if she used marital funds to purchase the same, it is marital property and subject to division. If she gave the land to a child, she can be forced to make up for the martial portion of the land’s value as part of an equitable distribution.