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The best living trust for married couples may be a revocable living trust. This is because they are able to be changed when necessary, so if assets or circumstances change, the trust itself can be amended.
In common law states, the general rule is that spouses share everything 50-50, so it usually makes sense to make one shared trust, especially if you have been married for a number of years. All property earned by either spouse during the marriage, regardless of whose name is on the title slip, is community property.
Simple Living Trusts for Married Couples Simple living trusts are often considered the easiest kinds of trusts to set up and keep. In a simple living trust, a couple can share the control and benefits of the trust while they are living.
In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means there's less asset protection, because if there's ever a judgment over one of the spouses, all of the assets could end up being at risk.
A joint trust gives the surviving spouse more flexibility to use all of the assets of the trust after the death of the first spouse. A joint revocable trust is also easier to fund and maintain during a couple's lifetime. All assets simply go into the same place; there's no need to decide which trust an asset goes into.