Legal Question in Family Law in California

This is an evidence question. Documents which were filed with the court by your spouse in a previous proceeding are admissible to the extent they are relevant and to the extent they fall under some exception to the hearsay rule. Hearsay (statements that are written or made outside of court verbally) is generally not admissible for evidence unless it has an exception. A party admission is an exception to the hearsay rule. So if a party declares something under oath and they are found to have given a different story at another time previously or subsequently, their prior or subsequent inconsistent statements can be admitted to show that their story lacks reliability or credibility. Generally speaking, property division isn't subject to the opinions of the parties to a dissolution case. The nature and extent of community or separate property is subject to family law rules and statutes. The evidence is usually in the form or titles and records, such as bank records and deeds. Sometimes, however, if there is a question about why the title to a house (for example) was in one person's name, or why a bank account was set up in one person's name, then the evidence of "why" should be admitted, provided it is "probative" of whether the asset is community or separate property.