My name is XXXXX XXXXX I'd be happy to answer your questions today.
The general rule is that both spouses are responsible for debts acquired during the marriage. Cal. Fam. Code, Section 910
. However, property acquired after the parties are living separate and apart are considered the sole property of that spouse. Section 771
. It is likely that the bank will want some documentation from you, since you are legally married, before allowing him to buy the property. You may be able to agree to sign paperwork where you agree to give up any claim to the property, in exchange for not being on the loan or liable for the loan. You do not have to agree to sign any loan paperwork if you don't want to. If you have a court ordered legal separation judgment before he buys the house, then you're completely not responsible for it. Section 772.
The money in your trust is your separate property, since it was acquired before you married. However, if you commingle that money with marital assets, he may be able to claim that you converted it to community property - which would give him a claim. You don't want that. If you have a bank account in the name of the trust, and deposit the proceeds of the sale directly into that account, that would help preserve your claim that the money is your separate property (assuming that he can't access the trust account).
There is no reason for you to sell the house if you do not wish to do so, and he really can't force the issue. If you wanted to sell it, you could somehow negotiate with him to see what he would give you in exchange for selling it, but that should include his signature on a piece of paper swearing that he has no claim to the property, or the proceeds of the sale, and will not try to claim either, even if you commingle funds.
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