Husband & I have had separate trusts created. We are co-trustees of each other’s trust.What is the exact proper language to re title our home into the trust? Also, what is the exact language to re title one rental property property into just one of our trusts? Also, do we get permission from the banks that have the mortgages first? Can you give any other pertinent advice re where to take these re titling requests?

As you know the trust must be funded in order for the trust to own any particular assets, including real property. Property is funded to a trust through a deed which is must be properly executed and recorded. This would be true for all property that is intended to be part of the living trust.

Typically, transfers of real property to a trust are accomplished with a quitclaim deed.

The impact of this transfer on any outstanding mortgages depends on the agreement made with the lender. It would be recommended that you examine the loan documents closely.

Many standard loan documents state that a transfer could violate a due-on-sale clause in the mortgage which the lender may or may not seek to enforce. You should check with your mortgage company about their policy.