32-906A. COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY. Where community property, before or after the effective date of this section, is transferred by the husband and wife to a trust, regardless of the identity of the trustee, which trust originally or as amended prior or subsequent to such transfer (a) is revocable in whole or in part during their joint lives, (b) provides that the property after transfer to the trust shall remain community property and any withdrawal therefrom shall be their community property, and (c) is subject to amendment or alteration during their joint lifetime upon their joint consent, the property so transferred to such trust, and the interests of the spouses in such trust, shall be community property during the continuance of the marriage, unless the trust otherwise expressly provides. Nothing in this section shall be deemed to affect community property which, before or after the effective date of this section, is transferred in a manner other than as described in this section or to a trust containing different provisions than those set forth in this section; nor shall this section be construed to prohibit the trustee from conveying any trust property, real or personal, in accordance with the provisions of the trust without the consent of the husband or wife unless the trust expressly required the consent of one or both spouses.
History:
[I.C., sec. 32-906A, as added by 1973, ch. 159, sec. 1, p. 304.]
Structure Idaho Code
Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY
Section 32-901 - MUTUAL OBLIGATIONS.
Section 32-903 - SEPARATE PROPERTY OF HUSBAND AND WIFE.
Section 32-904 - SEPARATE PROPERTY OF WIFE — MANAGEMENT.
Section 32-905 - SEPARATE PROPERTY OF WIFE — MARRIAGE SETTLEMENT NOT AFFECTED.
Section 32-906A - COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY.
Section 32-907 - INVENTORY OF WIFE’S PROPERTY.
Section 32-908 - EFFECT OF FILING INVENTORY.
Section 32-909 - EARNINGS OF WIFE LIVING SEPARATE FROM HUSBAND [UNCONSTITUTIONAL].
Section 32-910 - LIABILITY FOR ANTENUPTIAL DEBTS.
Section 32-911 - WIFE’S LIABILITY FOR PERSONAL DEBTS.
Section 32-912 - CONTROL OF COMMUNITY PROPERTY.
Section 32-913 - PAYMENTS FROM EMPLOYEE BENEFIT PLANS — ADVERSE CLAIMS.
Section 32-914 - CURTESY AND DOWER ABOLISHED.
Section 32-916 - PROPERTY RIGHTS GOVERNED BY CHAPTER.
Section 32-917 - FORMALITIES REQUIRED OF MARRIAGE SETTLEMENTS.
Section 32-918 - MARRIAGE SETTLEMENTS — RECORD.
Section 32-919 - MARRIAGE SETTLEMENTS — EFFECT OF RECORD.
Section 32-920 - MARRIAGE SETTLEMENTS — CAPACITY OF MINOR.
Section 32-924 - EFFECT OF MARRIAGE — AMENDMENT — REVOCATION.
Section 32-926 - ENFORCEMENT — VOID MARRIAGE.
Section 32-927 - LIMITATION OF ACTIONS.