Trusts and marital property

(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?


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.