Legal Question in Family Law in California

Hi ~ this is in regard to a Petition for Dissolution of Domestic Partnership in San Francisco, California. This will be filed with the California Supreme Court.

I am trying complete Form-130, and need help with completing a few sections. Currently, we own apartment building as tenants-in-common, but my ex-partner and I are planning to execute a Property Settlement Agreement so that all rights and interest be in my name only.

1) Do I need to fill out Section 4: "Separate Property"? ... or

2) Section 5: "Declaration Regarding Community Property" and Section 7: "Petitioner requests that the court grant the above relief and make injunctive"... and check the box "Property rights be determined"? ... or

3) Complete Section 5 only?

Thank you,

Al


Asked on 11/14/11, 9:22 am

1 Answer from Attorneys

There is no way to tell you how to fill out a form appropriately for your particular circumstances without knowing the full financial facts of your Partnership. All I can tell you is you fill out the petition as of now, not as of how things will be after you do the things agreed in a settlement, but you request a judgment that will be as you have agreed. If you are not sure about EVERYTHING, it is usually best to put down "to be determined" everywhere that is an option. What you can put in the petition as far as requested orders and judgments is not really relevant at all unless you will be proceeding with a default judgment, in which case you are stuck with what you ask for. As long as your partner appears and you jointly file for the final judgement of dissolution, the judgment and agreement need not bear much resemblance to the petition.

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Answered on 11/14/11, 10:26 am


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