Trusts and marital property


#1

(Still married)-- 1) Does a trust (giving land and/or property to a non-dependent child) have to be filed in public records somewhere? I’m afraid spouse has already created such a trust for property titled solely in spouses’ name for child and I don’t know about it.

                     2) If we are married, and own property that is involved in a trust  for non-dependent child, and then decide to separate and divorce, does the trust have to be dissolved for the property to be split up between us?

                                                                                        Thanks

#2

Trusts do not have to be recorded or filed. If property was given to a third party via a trust instrument, it is no longer part of the martial estate and will not be divided.