We are filling uncontested. I need to fill the online forms. The etrade account with 100K is the only property we have which my wife doesnt want. So when filling shall I put it as community and award it to me or I dont need to mention this account at all?
You will need to list the etrade account. If you acquired it prior to marriage or by inheritance, you would have indicated separate property. If you acquired the account while you were married, before separation, then it would be community property and need to be listed as community property.
All assets must be disclosed. BUT-- if you two are cooperating, they do not need to be PUBLICLY disclosed. I strongly suggest that 1) you get some assistance via limited scope rep and 2) you do disclosures in person. The forms declaring this has been done can be served in person at the same time. here is a box for this: it days "not a form".
Svapna Alan TrivediFamily Law AttorneyLong Beach, CA ·
You will need to disclose the etrade account in your declarations of disclosure (preliminary and final) which will be served on the opposing party. Failure to do so would result in a breach of your fiduciary duties. There are severe penalties for a breach of these duties. Any asset that is not disclosed could result in the other party receiving 100% of the undisclosed asset. I recommend you consult with a local attorney in person to discuss the particular facts and circumstances of your situation.
All assets, which includes the etrade account, must be disclosed. If you are filing an uncontested divorce, you should consult with an attorney. In your situation , you should consult with a lawyer who does discrete task representation, (unbundled legal services) where he or she can handle a part or certain parts of your case for a fraction of the cost of full legal representation.
It is not clear whether you are referring to filing the initial petition/response or have already done so. Although there is room on the petition and response to list property, it is not necessary to list the property there where the two of you are cooperating on the case. As the other attorneys have stated, you do have to disclose the account when you make the preliminary and final declarations of disclosure, even if your wife has told you she does not want it. If the property is not disclosed and not awarded to you in the marital settlement agreement and the judgment she can come back and ask that it be divided as undisclosed property. Until the property is actually awarded to you in the judgment your wife has the right to change her mind and seek her community share of the account.
