Hesperia, CA asked in Family Law for California

Q: Is there a form I need to use to let the court know that marital property was destroyed during the separation?

My wife left our home and was in possession of two vehicles that were totaled by fire within a week of each other.

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James L. Arrasmith
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Answered

A: In California, there is no specific form to notify the court about the destruction of marital property during a separation. However, it is essential to document the loss of the vehicles and include this information in your divorce proceedings.

Here are some steps you can take:

1. Gather documentation: Obtain police reports, insurance claims, and any other relevant documentation related to the vehicle fires.

2. Notify your attorney: If you have an attorney, inform them about the destroyed vehicles and provide them with the documentation.

3. Include the information in your divorce petition or response: When filing for divorce or responding to a divorce petition, include information about the destroyed vehicles in the appropriate section addressing property division.

4. Prepare a declaration: Write a declaration, which is a written statement signed under penalty of perjury, detailing the circumstances surrounding the destruction of the vehicles. Attach any supporting documentation.

5. File the declaration: Submit the declaration to the court and serve a copy to your spouse or their attorney.

6. Discuss the impact on property division: Work with your attorney or mediator to determine how the loss of the vehicles will impact the overall division of marital property.

Remember, it is crucial to be forthcoming about any changes to marital property during the divorce process. Consult with a qualified family law attorney to ensure you are taking the appropriate steps in your specific case.

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