Q: Are we allowed to not declare a property for summary dissolution?
My spouse and I fit all the requirements for summary dissolution, but unfortunately her family's house had been turned over to her name. Are we allowed to not declare this property so that we can proceed with summary dissolution instead of divorce? We do not have any disagreements about the house because it is still rightfully hers.
A:
Under California law, when pursuing a summary dissolution, full and honest disclosure of all assets is required. This includes any real property, regardless of how it was acquired or whose name it is in.
Failing to declare a property, such as a house turned over to your spouse's name, can lead to legal complications and may invalidate the summary dissolution process.
It's important to understand that summary dissolution is designed for couples with minimal assets and liabilities.
If the house is a significant asset, it may not qualify for summary dissolution, and a regular divorce proceeding might be necessary.
Even if there are no disagreements about the property, the law mandates accurate disclosure of all assets.
Consult with your attorney to explore your options and understand the implications of the property transfer on your eligibility for summary dissolution. They can provide guidance tailored to your specific circumstances.
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