A few contingencies are required to determine if a home contained within a Living Trust can be transferred from the Trust to one of the Makers as part of a divorce settlement.
Those conditions are:
– if the trust is a revocable trust;
– if both trustees (i.e. the husband and wife) are in full agreement; and
– if the trust provides the ability of the trustees to transfer property
…then a quitclaim deed can be prepared and filed transferring property to one of the spouses or to a third party.
See Standard Legal’s Quitclaim Deeds legal forms software page for the documents required to create the transfer.