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As respondent, answering the separate property section.

Customer Question
As respondent, answering the...

As respondent, answering the separate property section. Petitioner selected box B confirm as separate property assets and debts in and below that to be determined in the course of the proceedings. I don’t believe there needs to be confirmation a separate property and assets and we are planning to do this in mediation versus courts how should I respond to them separate Property section?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I’m filling out response to be delivered to the court later today

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I thought you were going to assist but no

Submitted: 1 month ago.Category: Family Law
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Answered in 1 minute by:
3/20/2018
Family Lawyer: LegalGems, Lawyer replied 1 month ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 1 month ago

The instructions for this are set forth here:

http://www.fresno.courts.ca.gov/_pdfs/Self-Help%20Packets/English%20versions/SHP-04%20Divorce%20-%20Starting%20a%20Divorce,%20Legal%20Separation%20or%20Nullity%20.pdf

section 9 page 2;

basically separate property is identified as anything acquired prior to marriage, or by gift/inheritance during marriage;

Here is that code:

CHAPTER 2. Separate Property [770 - 772]

( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

770.

(a) Separate property of a married person includes all of the following:

(1) All property owned by the person before marriage.

(2) All property acquired by the person after marriage by gift, bequest, devise, or descent.

(3) The rents, issues, and profits of the property described in this section.

(b) A married person may, without the consent of the person’s spouse, convey the person’s separate property.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=2.&chapter=2.&article=

So basically the court must confirm to the parties' their respective separate property, and then divide community property.

Otherwise a party can later petition the court to reopen the divorce to "confirm" the parties' separate property, which is an expensive process.

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Customer reply replied 1 month ago
Just read Fresno’s respondent doc. If you go to separate property section, it’s the only sec. that does not have corresponding numbered bubble in defining possible responses . Again if i, respondent do not believe(my name is ***** ***** titles of owned properties) ☑️Confirmation as separate property needs to be determined (selection petitioner selected) Should my response be ☑️there are no such assets or debts that I know of to be confirmed
Family Lawyer: LegalGems, Lawyer replied 1 month ago

Yes, if there is an assertion that there is no separate property then it is appropriate to respond that there are no such assets or debts that one knows of to be confirmed.

However usually there is at least personal property (ie clothing, household goods, etc) that came into the marriage with the parties and is the parties' separate property.

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Customer reply replied 1 month ago
Thank you
Family Lawyer: LegalGems, Lawyer replied 1 month ago

You are most welcome;

that fresno site is a great site with instructions/examples for future use.

If no further questions on the above kindly rate 5 stars if you feel I have earned it.

You can request me in the future by putting To Legal Gems in front of the question and I will do my best to get you that information!

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Family Lawyer: LegalGems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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