[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/trust-items/) **Trust items** are the individual assets or property interests held in a trust, such as a house, an account or a business interest. The related term [[Trust Res|trust res]] refers to the property held by the trust as a whole. Identifying the items means going beyond the trust's name. The trust document, deeds, account records and other ownership documents help establish what the trust actually holds. The trustee's role in managing an item is different from a beneficiary's right to benefit from it. ## In California Family Law In a divorce, identify a spouse's actual interest in each asset rather than assuming that everything carrying a trust's name belongs to that spouse. [Family Code section 761](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=761.) provides rules for community property transferred into a trust, including rules involving revocability and the trust or transfer instrument. The name on an account is not a substitute for examining those rules and records. The preliminary disclosure requirements generally call for identifying assets in which a party has or may have an interest, regardless of the asserted community or separate character. A trust interest should not be omitted simply because the party considers it separate property. See [Family Code section 2104](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2104.). **Example:** A spouse lists only "family trust" in financial disclosures. Identifying the home, investment account and the spouse's interests gives the other party more meaningful information. It does not by itself decide whether a particular asset is community property or available for division. ![[Files/OtherFiles/Trust Items.jpg]]