This article addresses the the issue of your divorce judgment being rejected with the box marked, “All sole and community property listed in the Petition must be disposed of in the Judgment”
We will discuss how to fix your divorce judgment if it has been rejected for the this reason. We have also completed a video on how to fix your divorce judgment is it was rejected because you did all your sole and community property that was listed on the Petition was not disposed of in the divorce judgment.
When you file your divorce Petition in California there are two areas that ask you to list your property. The first asks you to list your separate property and the second area asks you to list your community property. You can either list the property on the divorce Petition or use one of the allowed attachments or supplement with a property declaration where you can list all your property.
Regardless how you go about listing your property, you need to make sure that you dispose of all the property in the final divorce judgment.
The issues is this. If you list property, whether it be an asset or debt, you are telling the court that this asset or debt exists. If you don’t tell the court who is getting the property, then this property is just left sitting there with no owner. If the judge were to sign this judgment, it would effectively leave this asset or debt not being assigned to either the Petitioner or Respondent.
Now this may seem like a small technicality if, say for instance, the asset was small such as a bank account with $10 in it. But what if your forgot to assign a bank account with $10,000 in it? Now, maybe you have an agreement with your spouse regarding who is going to keep it, but if it is not listed on the judgment when the judge signs, then technically the asset or debt does not below to anybody.
To correct this issue, all you need to do is make sure all sole and community property you listed on your divorce Petition is listed on the judgment. If you completed a marital settlement agreement, you would simply add this to the list for whom it is going to. If you are using the judgment attachments, you would add the property to the correct property attachment indicating who is getting the asset or debt.
We are headquartered in Santa Clarita, CA and serve all the Los Angeles Area courts. We specialize in helping people get through the divorce process. Give us a call for more information.
