California Property Declaration
California Property Declaration form used to declare Community Property and Separate Property used in California courts.
When you or your spouse file for divorce, both of you will be required to file a California Property Declaration. Each spouse in a divorce proceeding has an affirmative duty to disclose to the other spouse all income, assets, liabilities, and expenses. (Family Code §§1100(e), 2100(c), 2102(a)). Under Family Code §§2100–2113, each spouse in a dissolution action must serve on the other a preliminary Declaration of Disclosure (Family Law Judicial Council Form FL–140). (Family Code §§2103–2104). Each spouse has a continuing duty to update and augment their California Property Declaration when there are any material changes, and proof of service of any amendment to the declaration must be filed with the court. (Family Code §§2100(c), 2104).
Initial Requirements for a California Property Declaration
To fulfill the statutory requirements for the initial disclosure, each spouse must complete and serve on the other spouse the following documents (Family Code §2104):
- Income and Expense Declaration (Judicial Council Form FL–150), or Financial Statement (Simplified) (Judicial Council Form FL–155) if it meets the requirements set out in the instructions for Judicial Council forms FL–150 and FL–142 (see Family Code §2101(e));
- Schedule of Assets and Debts (Family Law Judicial Council Form FL–142);
- Declaration of Disclosure (Family Law Judicial Council Form FL–140); and,
- All tax returns filed by the declarant within the 2 years prior to the date that the party serves the declaration.
The petitioner must serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition. The respondent must serve a preliminary declaration of disclosure either concurrently with the response to the petition or within 60 days of filing the response. These time periods may be extended by written agreement of the parties or by court order. (Family Code §2104(f)).
Click on the following link to download a California Property Declaration form:
File Download (PDF File): fl160 – declaration of CP & SP
CALL NOW TO MAKE AN APPOINTMENT FOR A FREE CONSULTATION
For more information on divorce and property declarations, click on one of the following links: