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In terms of property statements when preparing to file for…

Hi! In terms...

Hi! In terms of property statements when preparing to file for divorce, What if you've already divided up all the objects each of you wanted in the separation and you don't have much of actual value? What exactly needs to be reported in the filing?

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

No. Not yet. I'm preparing documents not through complete case.com. My husband just moved out.

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?

Yes, we also have 2 leased cars and a home in another state that my husband wants to sign over to me.

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Answered in 8 minutes by:
6/23/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 977
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

There are several ways to go about this.

I am going to reference this in the context of the California Form FL-160.

1 - Take all property that you have previously divided and list it then show it as you have divided it between yourselves on the form.

2 - Take all of the property and show the items you have as separate property and the items he has in his possession as separate property.

3 - Ignore all of the property that has previously been divided and just list the property that still needs to be divided.

Of these, the first is likely the cleanest way to go as it will serve as a confirmation of how each of you has taken possession of the specific property, will set things so the Court knows there is nothing to divide and if, in the future, there is ever a question, then the FL-160 will serve as a confirmation of how it was divided.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 977
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you, Sean! Would it be better to have my husband sign the house over to me before we file? It currently still has a mortgage. We have approximately $30,000 in equity at this point. The home is in New Mexico. We were unable to sell it from the time we moved through 6 months after moving to CA 3 years ago. We are currently renting it. I am concerned that since it's the only thing of value that we have, the courts may force us to sell it. But that would mean I would have to stop renting it, which would be a hardship for us because of the mortgage. In addition, I eventually want to move back to New Mexico.

If you can sort out the ownership interest in the home to your satisfaction, It is unlikely the Court would make you do otherwise.

Do keep in mind that prior to any deed/title transfer, it may be prudent to consult the mortgage to see if there are any steps to take in regards ***** ***** mortgage company as some will require notice of transfers, even between owners. However, if he signed over the home to you and you and he were in accords on your having it and his name remaining on the mortgage, the Court would not likely do anything other than adopt your decision.

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Customer reply replied 1 month ago
Thank you! In terms of debts, is a student loan incurred during the marriage considered part of the community debt?

It could be, but likely even if considered community debt, could be awarded to the party who incurred it as they will be reaping the rewards of the education. However if some of the debt was used for joint expenses, rent, utilities, food, etc. it could be allocated.

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