Family Law Questions? Ask a Family Lawyer Online.
Question: Have a question about FL-100 form in California RE: community vs. separate property. We know how we want to divide assets, just need help with how to list property on the form. Can community property be listed under "separate property" since we know who we want to get each thing?
Response: No. community property must be listed as such and separate property the same way. That is, you have to list the properties in their current status and not in their status after property division. If the property is a community property, you cannot list it under separate property merely because one spouse is going to get it with the divorce. The property must be listed under community property.