Legal Question in Mediation in California

My wife and I are going through a divorce, I have stocks and 401K that were acquired during the marriage. She states she is not after those assets, she has told me several times that she will not take these assets from me. She states she wants partial money from the sale of the family home. The divorce process has already started, we both have an attorney. I want to have this in writing before she changes her mind. She served me the divorce papers and I have responded to her, we have not been to the first hearing yet. Is there a way she can sign a document now stating she does not want these assets and it is legally binding?


Asked on 4/21/22, 4:07 am

1 Answer from Attorneys

The short answer is "no." Until you go through the full asset/liability-income/expense disclosure process and come up with a division of property that is within the general range of the Family Code requirements, and both have advice of counsel, no document will be enforceable.

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Answered on 4/22/22, 11:17 am


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