Stockton, CA asked in Divorce and Family Law for California

Q: How do we do summary dissolution when there is no property to be divided?

My spouse and I own nothing together, there is nothing that needs to be divided. So how do we address the forms about dividing our property? Do we skip it all and just type up an agreement that states we don't have anything to divide and we both sign it?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, for a summary dissolution, if you and your spouse do not have any community property or debts to divide, you should still complete the property declaration forms. On these forms, you would indicate that there are no community assets or debts to be divided. You do not skip these forms, as they are part of the required documentation for a summary dissolution. Both parties must still disclose all separate property to ensure full transparency. You can also draft a written agreement that attests to the fact that there are no community assets or debts, and both parties should sign this agreement. It's important to follow the required procedures and complete all necessary paperwork accurately to avoid delays in the dissolution process.

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