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. We own no property together. I have already moved out of the place we were renting together and we are living separately. Where do I list debts such as car loans and credit cards even if all the debt is under my name only? In the California Divorce Petition form FL-100 section 9 addresses separate property  and section 10 addresses community property. I don’t know where to list the debts.

Answer: You can list the assets and debts in your FL-100 Petition for Dissolution, but you likely will not have room. You can also write into Section 9  for separate property and Section 10 for community property the following phrases:

Section 9:

“A complete determination of the separate property and debts has not yet been determined. Petitioner shall prepare and serve declarations of disclosure listing the assets and the debts pursuant to the Family Code.”

Section 10:

“A complete determination of the community property and debts has not yet been determined. Petitioner shall prepare and serve declarations of disclosure listing the assets and the debts pursuant to the Family Code.”

Unless the divorce is very simple: there are no community property assets or debts, and the separate property assets and debts are known, it’s a better practice not to attempt to address assets and debts in your petition.

In every divorce (not matter how complicated or simple your financial situation) you are obligated to prepare and exchange disclosures including form FL-150 income and expense declaration, FL-142 asset and debt declaration, FL-140 personal declarations of disclosure and you’re required to file form  FL-141 with the court, which is a declaration regarding disclosures. You must do this even if you filled out all of the assets and debts on your petition. Check out Section 2 this article on the process of divorce for an explanation of each parties’ obligation to disclose their community property and debts and separate property and debts. It includes links to the forms one needs to use to fulfill their obligation to disclose assets and debts and income and expenses.

Should you list assets and debts in the petition or the response?  Probably not, if you make an error regarding your assets and debts on your petition you may have to file an amended petition and serve that amended petition with an amended summons on your ex which is a hassle. You can avoid this potential problem by taking the steps I’ve suggested above regarding the verbiage to use in Sections 9 and 10 of either the petition for divorce–Form FL-100 or the response to the petition–Form FL-120 concerning assets and debts.

With respect to this person’s question, while they say there’s no community property, they might be mistaken. For example, income earned from your job during the marriage is likely community property. Since income earned during marriage prior to the date of separation is community money, it follows that whatever funds are in the parties’ bank accounts on the date of separation may well be community property. The debts for the cars titled in your name may be community debts if the loans were taken during the marriage. Credit card debt may be community debt even if the credit card is only in the name of one spouse.

Galen Gentry assists clients in Los Angeles and Southern California with divorce issues and explains the person’s rights and obligations in a divorce. Mr. Gentry has 30 years of experience and can help people to protect their interests. Call at (310) 282-7521 or contact us online by using the Orange form on the right of your screen to schedule a free consultation.