Fullerton, CA asked in Family Law for California

Q: Is it okay not to list community and separate property on a legal separation petition?

My paralegal says it's common to leave it to be amended at a later date. Is this true? Both parties are in agreeement for the division.

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: Usually, when I'm preparing a petition and I don't know the extent of separate and community property, I will say so in the petition and also state that that information will be obtained during pre trial discovery. However, if you DO know, i.e. you can create such a list, there's no reason not to. The other option is to submit separate property declarations that reflect the agreement you and your partner have already worked out. Paralegals are not lawyers. Their understanding of not only the law, but of its application is very limited and they make mistakes in accordance with that lack of understanding.

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