Understanding Property Listings in California Divorce Petitions | California Divorce

Posted by Tim Blankenship on March 2, 2025

Understanding Property Listings in California Divorce Petitions

In the complex world of divorce, the importance of proper documentation cannot be overstated. Particularly in California, where the legal landscape can vary significantly from one courthouse to another. Today, we’re diving deep into a crucial aspect of divorce petitions — the listing of property. This can often make or break the outcome of property division during a divorce, as evidenced by a recent case in Pasadena.

The Recent Judgment Rejection: A Case Study

Recently, a judgment was rejected by Judge R. Carlton Sver in the Pasadena courthouse, highlighting a new policy that many may not be aware of. This rejection serves as a critical reminder for anyone filing for divorce in California, particularly those navigating the complexities of community property division.

Historically, when filing a default judgment where the other party does not respond, it has always been understood that community property needs to be divided evenly. However, this recent judgment rejection indicates that if community property is not explicitly listed in the petition or in the property declaration (FL-160), the court may refuse to make any property orders.

What This Means for Your Divorce Petition

When you file a divorce petition, there are specific requirements that must be met to ensure that your property is properly considered in the proceedings. In this case, the judge specified that if community property is not indicated on the petition or in the FL-160 at the time of filing, the court will not allow any amendments later. This is a significant shift from previous practices where amendments could be made after the initial filing.

For individuals in Pasadena, it’s now clear that the petition must include a detailed account of community property right from the start. This means if you are initiating a divorce, you need to be thoroughly prepared and ensure that all relevant property details are included in your initial filing.

What to Include in Your Petition

When preparing your divorce petition, you should consider the following:

Community Property: Clearly identify all community property that you and your spouse have acquired during the marriage. This includes homes, cars, bank accounts, and any other shared assets.
Separate Property: Make sure to also list any property that you believe is separate and not subject to division, such as inheritance or gifts received during the marriage.
FL-160 Property Declaration: This form must accompany your petition and should detail all the property you wish to declare.

Why This Change in Policy Matters

This new policy could significantly affect individuals who are not fully aware of the requirements for their divorce petitions. It emphasizes the necessity of being meticulous and detailed in your documentation. If you fail to list community property from the outset, you risk losing your right to claim it later in the proceedings.

This situation illustrates how each courthouse may have different interpretations and procedures regarding divorce cases, and it’s crucial to stay informed about these nuances. The Pasadena courthouse, in this instance, has taken a firm stance that may not align with practices in other counties.

What to Do If Your Judgment is Rejected

If you find yourself in a situation where your judgment has been rejected due to incomplete property listings, don’t panic. Here are some steps to consider:

Consult a Professional: Reach out to a divorce attorney or a paralegal who specializes in California divorce law. They can provide guidance on how to properly amend your petition.
Prepare Accurate Documentation: Gather all necessary documentation regarding your property and ensure it is accurately reflected in your amended petition.
File Promptly: Once you have the correct information, file your amended petition as soon as possible to avoid further delays in your divorce proceedings.

Full-Service Divorce Assistance

At Divorce661, we understand the intricacies involved in divorce cases, especially when it comes to property division. Our full-service paralegal firm specializes in California divorce and is equipped to assist you through every step of the process.

We prepare and file all necessary divorce forms, including the Marital Settlement Agreement, Child Custody Orders, Child Support Orders, Spousal Support Orders, and Property Division Orders. Additionally, we can help calculate child support and spousal support using our Dissomaster software, which is the same tool utilized by the courts.

Get Started with Your Divorce

If you’re contemplating divorce or have already begun the process, it’s essential to have the right support. Our services start at just $699, and we offer a free phone consultation to discuss your case. Don’t navigate this challenging time alone; let us help you achieve a fair outcome.

For more information, feel free to reach out to us at 661-281-0266. We are here to guide you through this process and ensure that your rights are protected.

Stay Informed and Prepared

As we see changes in procedures and policies, staying informed is vital. Keep an eye on updates from your local courthouse, and always ensure your documents are complete and accurate before filing. This will not only save you time but also protect your interests in your divorce proceedings.

Remember, every case is unique, and understanding the specific requirements of your local courthouse can make a significant difference in the outcome of your divorce.

Thank you for reading, and we hope this information helps you navigate the complexities of your divorce with confidence.

Tim Blankenship – who has written 2368 posts on Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal.