How to File Property Declaration in a Divorce in California
To file a property declaration form in California, you will make a list of properties and debts--shared and individual. You will also list the value of each asset and propose divisions between you and your spouse.
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Instructions
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Access the California Courts' divorce forms website.
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Download two copies of the property declaration form, which is labeled "FL-160." Also download the form's guide, which is labeled "Instructions for Form FL-160."
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Start each form--one for communal (i.e. shared) and one for individual assets. Fill out just the first column. Check the "Community Property Declaration" or "Separate Property Declaration" box to indicate which assets you are listing.
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Calculate the value and debt for each property listed in the first column. Subtract the debt from the gross value to get each property’s net value. Fill these values in columns two through four.
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Write down a proposed share of each asset's net value for you and your spouse. The California Courts website recommends dividing shares equally.
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File both property declaration forms at a court in your county of residence.
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Tips & Warnings
The property declaration form has 12 categories of assets, covering such things as real estate, vehicles, stocks, business income, jewelry, pension, life insurance, farm equipment, furniture and bank holdings.
Complete the property declaration form in only two cases: first, if there isn't enough space on the divorce petition to list all assets and debts; second, if you filed the divorce petition and have not signed a property-division agreement with your spouse.
If you are filing the property declaration form with your divorce petition, you don't need to list property or debt values. You also don't need to propose divisions.
If you do not equally divide an asset between you and your spouse, a judge may impose a cash payment to equalize the division.
Mistaking the value of property or debt can be costly. Consult a lawyer if you are unsure about valuation.
