Category Archives: community debt
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter For decades, starting a divorce in California meant one spouse had to “sue” the other, creating an adversarial tone from day one. However, as of January 1, 2026, a new, transformative legal pathway—the Joint Petition for Dissolution, Judicial Council (Form FL-700), allows… Read More »
MORE ON MOORE MARSDEN: DIVIDING A HOUSE OR OTHER REAL PROPERTY IN A CALIFORNIA DIVORCE
If you get a divorce in California and one spouse purchased real property before the marriage the other spouse may have a community property interest in the house by operation of law. Very commonly people get married and one of them already owns a house. If they get a divorce the Court will not give… Read More »
LA MEDIACIÓN DE DIVORCIO TIENE SENTIDO INCLUSO CON UN CÓNYUGE REACIO
Los abogados litigantes tradicionales y las partes están en roles adversarios. Puedes imaginar que si una empresa demanda a otra por infracción de marca registrada, por ejemplo, el caso comienza como un juego de suma cero con un ganador y un perdedor. Es cierto que la mayoría de los casos se resuelven, pero la mentalidad… Read More »
Californians Going Through Divorce Should Address Their Estate Plan
Summary: One should consider starting on one’s estate plan modifications prior to completing your divorce. A living trust empowers Californians by avoiding probate, ensuring privacy, and adapting to life’s twists and turns. A living trust should be the basis of a California residents estate plan. Introduction: As soon as you know that your marriage is… Read More »
Am I Stuck with Our Home Loan In a Divorce Since Only My Name Is On It?
What are my rights to my home if I divorced? What happens to the loan if it’s only in my name? Am I stuck with it? QUESTION: My husband and I own a home and have kids. We bought the home together during our marriage. It is titled in both our names.However, after a recent… Read More »
Will I Lose My Share of Our Home’s Equity in the Divorce if I Move Out?
Uncover the truth about home equity and property rights during a divorce in California. Learn why moving out doesn’t mean losing your share of the home’s equity. Navigating Home Equity Concerns During Divorce in California Deciding to divorce is a challenging decision, one that you may have grappled with for a long time. The situation… Read More »
Where Do I List Assets and Debts in My California Divorce Petition?
I am often contacted by people who are confused by the forms which California law requires they use for initiating or responding to a divorce filing. One of the most common questions relates to community property and debts and separate property and debts. Question: My spouse and I arebeginning the process for divorce in California…. Read More »
Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce
Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce The FL-150 is a lot easier for most people getting a divorce in California to complete than it is to complete and compile the information on the FL-142 Asset and Debt Declaration. I address the FL-142 here…. Read More »
Learn How Prenuptial Agreements Can Make Sense for You and Your Partner
Good Reasons for a Prenuptial Agreement Without a prenuptial agreement, divorce is complicated. With one it’s not easy peasy but it is less complicated. Reason 1 – Under the statutory law in California, once married half of all earnings, property accumulated from those earnings during marriage including your retirement, as well as the increaese in… Read More »
How to Prepare the Judicial Council Form FL-142 Asset and Debt Declaration
Getting divorced is a lot harder than getting married. Among the many steps necessary during the divorce is preparing and serving the parties preliminary disclosures. PRELIMINARY DISCLOSURES The preliminary disclosures consist of the FL-142 asset and debt declaration, the FL-140 declaration of disclosure, the FL-150 income and expense declaration. Once you have prepared all of… Read More »