Sole And Community Property In Petition Must Be Disposed Of In California Divorce Judgment

Sole And Community Property In Petition Must Be Disposed Of In California Divorce Judgment

Hi, this is Tim Blankenship with divorce661.com.

And today were talking about an item on the Los Angeles Superior Court judgment checklist.

This is their rejection checklist that they use when you submit your final divorce paperwork and it says, “We regret, we must return this judgment for the following reasons checked”.

So, I decided I’m going to do a series of videos and discuss all the different reasons in this two and three page judgment reject sheet, of what could happen and how to correct that or if you haven’t submitted it yet, prevent it from happening.

So, today we’re going to talk about, and this is on page two, we’re going to talk about, under where it says judicial council form FL-180 and then on page two it says, “All sole and community property listed in the petition must be disposed of in the judgment.”

Okay, so, when you filed your petition and I have one here, when you filed your petition at the bottom of page one. Number four, it says: separate property and on page two number five it says: community property.

Now, at that point you may have either listed certain property, maybe you listed some items at your separate property and listed some items as your community property or maybe you marked the box that says in property declaration, form FL-160 or you said in attachment four.

So, if you listed property below or if you listed property on that FL-160 or in an attachment. All that property in your final judgment must be disposed of.

So, let’s say that you listed ten items and it doesn’t matter if you listed them below here, in a separate declaration, in an attachment or in the property declaration. Regardless of where you listed at, if you listed ten items on property, on separate property, when it comes time to do the judgment paperwork, all those items need to be given or signed to either you or your spouse.

If the court, in going through the judgment find nine items that are listed and distributed or assigned to one of you but the tenth item isn’t, they’re going to reject the entire divorce. That’s because if you list property on your petition or in any attachment to that petition, that court needs to assign that to either you or your spouse.

You can imagine if you forgot to list a checking account that had $10,000 in it, you listed on the petition but you didn’t assign it to either party in the divorce judgment and the judge signs the case. Then you have this outstanding asset, this $10,000 checking account that hasn’t been confirmed to anyone.

Now, what are you going to do with that? You are going to have to go back to court. So, that’s why the judgment would be rejected, because it doesn’t address all of the issues of assets and debts being distributed that were listed in the petition.

So, to avoid that, just make sure that if you list something that when you do the final judgment paperwork that each of the items that were listed, either in the property declaration, if it was a default judgment or if you marked the property declaration box. You are going to want make sure that all property is listed on the judgment paperwork and is assigned to one party or the other.

My name is Tim Blankenship with divorce 661.com.

If you have any questions, please give me a call – 661-281-0266.

Thanks and have a great day!

Spread the love