[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/trust/) A **trust** is an arrangement in which a [[Trustee|trustee]] holds and manages property for beneficiaries under the trust's terms and applicable law. The person who creates it is often called the settlor or trustor. These roles can overlap. Someone may create a trust, serve as its trustee and also be a beneficiary. It is therefore misleading to assume that creating a trust always means handing property to an unrelated person. The [California Superior Court's trust guide](https://santaclara.courts.ca.gov/divisions/probate-division/probate-trusts) explains the different roles. The document and governing law determine the rights involved, including who can receive distributions and whether, how and by whom the trust can be changed or revoked. A trust's name alone does not establish those powers. ## In California Family Law When a trust appears in a divorce, identify the assets and each spouse's actual rights. [Family Code section 761](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=761.) supplies rules for community property transferred in trust. Its rules address the trust or transfer instrument, revocability and powers involving both spouses. Do not assume that putting an asset in a trust automatically changes its community or separate property character. Dividing property, considering income for support and enforcing a support judgment are separate questions. A [[Trust Fund|trust fund]] may be relevant to those questions without every asset becoming available for division or collection. **Example:** Spouses place their home in a living trust and continue managing it as trustees. If they later divorce, the word "trust" on the deed is only a starting point. The court and parties still need to examine the property's character, the trust terms and the spouses' rights before deciding how to address it.