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Sample California Property and Debt Disclosure Form

The attached Property Disclosure Statement is intended to satisfy several purposes. First, it provides the data base of financial information needed to divorce in an informed and organized manner. This supports you understanding your rights and responsibilities and your looking for attractive and balanced settlement alternatives.

Second, when the Property Disclosure Statement is used in conjunction with the filing of a Family Code proceeding (Dissolution of Marriage, Legal Separation or Nullity of Marriage), the Property Disclosure Statement may be used to fill out the disclosure forms required by Family Code §2104 and 2105. In these proceedings, you are required to fill out the Judicial Council forms used for the Preliminary and the Final Disclosures. These forms may be obtained from your attorney or from most do-your-own-divorce paralegal services. For more complete information regarding this duty of disclosure, a copy of Family Code §2100 et seq. is attached to these forms.

To comply with the Family Code disclosure requirement, you are hereby encouraged and advised to list all property and debts known to you, regardless of when the asset was acquired or when the obligation was incurred and without consideration of any separate or community characterization issues. Listing the property will not constitute an admission or a characterization that it is separate or community. Nor will listing property constitute any type of waiver of rights by either party regarding the listed property or debt. This disclosure is your protection that any subsequent agreement or court order dividing the property and debts will not be set aside, reviewed or modified based upon the discovery of an asset or liability that was not disclosed prior to the making of the agreement or entry of the judgment.

Regarding requests for statements of estimated present value, your best estimate is all that is requested at the present time. You need not know the appraised value, nor is it expected that you will be in agreement with each other regarding value at this time. If formal appraisals have not yet been done, they will be obtained as the need arises. Regarding the information about furniture on page three, you need not provide a detailed list of the household furniture/furnishings and personal property unless the parties make an agreement to exchange such lists. If there are any unusual factors regarding the furniture or personal properties (such as rare or valuable items which are noteworthy or extensive antiques or other collections of unusual value) those items may be listed here. If your furniture consists of the normal type of household contents, merely note the condition.

Please take the time to fill out the detailed information requested regarding real estate, automobiles, cash assets, bank accounts, stocks and bonds, life insurance and debts, as this will accelerate discussion regarding these assets and obligations and allow you to pursue more information with respect to your rights and options. Please be sure to provide account numbers, where appropriate, in order to facilitate the identification and division of these assets. If the form is inadequate for all of the information that you need to provide, you may duplicate the pages for supplemental or additional information or add the attachments to this Disclosure Statement.

You are also requested to provide copies of your most recent state and federal tax returns and most recent earnings withholding statements showing year-to-date earnings. If you are a sole proprietor of a business, it would be helpful for you to provide a current profit/loss or income statement or other documentation as to the current operation and value of the business.

All of the information provided in response to the Property Disclosure Statement should not be considered conclusive as to the documentation of these assets and liabilities. The most important thing is to see that all assets and obligations are identified. Information regarding the details of the assets and liabilities will be obtained if needed. Because of the nature of the disclosure requirement, this form will not be considered confidential in the context of the confidentiality provision as set forth in the Mediation Agreement. If you have any questions, please contact this office for further assistance.

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