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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 459
Experience:  Attorney with 13 years experience.
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My domestic partner and I formed an intent to divorce, moved

Customer Question

My domestic partner and I formed an intent to divorce, moved out and moved on, in July 2012. We are just now doing the divorce paperwork. On the schedule of assets, do I have to submit current information, or can I submit for 2012?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

In order to divide marital property you must determine what constitutes marital property. Marital property is any asset acquired from the date of the marriage until the date of separation. This is assuming that the parties have not entered into a prenuptial agreement. It does not matter whose name the asset is titled the important aspect is when it was acquired. This is why, for example, a 401 K in one spouse's name alone is still divided in divorce proceedings.

I needed to provide this explanation in order to help make my answer more understandable. You should list the value of the assets as of the date of separation. However, you need to be aware that if the assets include any accounts or property that can appreciate in value then the appreciation that occurs post-separation on a joint asset is still relevant for division.

I hope this information is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
To be more precise: for the filing on the schedule of assets we are required to provide "recent" tax and bank account information. We separated and divided all assets in 2012, so is my 2013 and 2014 tax info really relevant (and the one I have to provide) or do I submit 2012 and 2011 statements? (by the way, we aren't in any contention about our assets, since we separated them in 2012 and are satisfied, so this is a procedural question).
Expert:  mmdesq replied 1 year ago.

I would provide both did a separation formation and current information. Your your current income and his current income could be relevant in the case come up but probably not. None the less since the information is required I would provide current as well as data separation.

Expert:  mmdesq replied 1 year ago.

Would you kindly rate me please. Thank you.

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