What property
ALL PROPERTY AND MARITAL DEBT must be divided in a dissolution of marriage
proceeding. Your dissolution of marriage may not be final unless this is done.
should I list on
This includes the following types of property and debt:
this form?
Real estate, motor vehicles, bank accounts, pension and retirement plans and
•
profit sharing plans, stocks, bonds or other securities, life insurance, cash on hand,
household goods, personal goods, trust interests, businesses or partnerships, debts
owed to you or your spouse by others, any interests in pending litigation or suits to be
filed, farm equipment, animals or crops, interests in contracts made and not
performed, and any other assets.
Do I have to list
Yes, you must list all property owned by you alone, by your spouse alone, and by you
and your spouse together. You must list property even if it is not in joint names. Any
property even if
property in which either you or your spouse claim ANY interest whatsoever MUST be
my spouse’s
listed.
name is not on
In many instances, you will not be able to sell your property or receive your
it?
retirement unless you prove that these items were listed in your dissolution of marriage
judgment.
Do I have to list
YES. You must list all property that either you or your spouse is purchasing by
property that
making monthly payments. So, even if you owe money on your car or home, it still must
either of us is
be listed. Actually, it must be listed twice: once as an item of property and once as a
buying at the
debt secured by the property.
present time?
Do I have to list
property I owned
Yes. This is normally nonmarital property, but under some circumstances it may be
before the
considered marital property.
marriage?
Do I have to list
Yes. Just as you had to list property you owned before the marriage, you should
property my
also list property your spouse owned before the marriage. Once again, this is normally
spouse owned
nonmarital property, but under some circumstances it may be considered marital
before the
property.
marriage?
I don’t know what
my spouse owns
You should hire a lawyer to assist you. A lawyer has the ability to assist you in
so how can I list
locating the assets of your spouse.
it?
Directions and Information for completing Form CAFC040 - Statement of Property and Debt and
Proposed Separation Agreement –Page 2 of 3
Form CAFC040-07/01/2012
This form is available for free at