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Who Can Create a Joint Revocable Trust: Marital Status & State Eligibility

Explains which marital statuses and U.S. states qualify for the Joint Revocable Trust workflow on the wealth.com platform.

Overview

The Joint Revocable Trust workflow is available to married couples in every state, and to couples in a civil union, domestic partnership, or other committed relationship in a smaller set of states. This article explains who qualifies and what options are available.

Default Eligibility: Married Users

By default, the Joint Revocable Trust workflow is only enabled for users with a marital status of Married, regardless of which state they live in.

A client who is legally separated but not yet divorced should generally proceed with a marital status of Single for workflow purposes. This is a drafting-workflow choice, not a legal determination of the client's marital status. In general, we recommend an attorney consultation to confirm they can proceed with signing documents that were designed as single. if they are in the process of a divorce, they may be violating a court order by proceeding with an estate plan that cuts out their spouse.

Why We Don't Treat Legally Separated the Same as Divorced

In many states, a legally separated spouse retains rights a divorced spouse does not — for example, elective-share rights against the estate, or the ability to file taxes jointly. Because these rights vary by state and by the couple's specific separation agreement, the platform does not relabel a legally separated client as divorced, and does not attempt to resolve the underlying legal question. Clients with elective-share, tax-filing, or separation-agreement questions should be referred to an attorney for jurisdiction-specific guidance.

Expanded Eligibility: Community Property & Select States

Clients that are in a civil union, domestic partnership, or other committed relationship can access the Joint Revocable Trust workflow for the following states:

  • Arizona

  • California

  • Idaho

  • Nevada

  • New Mexico

  • Texas

  • Washington

  • Wisconsin

Summary

State

Eligible Marital Statuses

All other states

Married only

AZ, CA, ID, NV, NM, TX, WA, WI

Married, Civil Union, Domestic Partnership, Other Committed Relationship

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