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FL-150 INCOME AND EXPENSES DECLARATION- Are considered the IRAS as other deposit accounts in question 11.a ASSETS??

Marina Del Rey, CA |

Divorce Form FL- 150. Should I include in the total value of the question 11, a. the money from my IRAS Accounts and / or of the IRAs accounts of the soon to be my ex- husband? ( I know that I need to include the value of my saving accounts , checking accounts, and Cds but I dont sure about the IRAs, could you help me?

Thanks you

Attorney Answers 4


  1. Best answer

    If you are doing your Preliminary Declaration of Disclosure, everything that is in existence has to be listed. That is all separate property and all community property no matter when it was acquired. In the event of a dispute and those documents are needed, they need to present the whole picture. You need to list everything and anything that is in your name, his name or both of your names, or even in your name jointly with anyone else.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.


  2. All community AND separate assets and debts in existence must be disclosed. FL-142 has an extensive list that identifies exactly what must be disclosed. IRAs are included in that list.

    Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.


  3. Yes, they are consider assets and need to be disclosed. If they are jointly held I usually make a handwritten notation on the pleading.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  4. You should include it. Since you have assets, you should at least consult with a divorce attorney. There are divorce lawyers that offer a free consultation. There are attorneys that don't charge an arm and a leg. It sounds like you are on track with the paperwork. I'm going to assume you researched the law since you got this far. Don't be afraid to call a family lawyer. Attorneys generally do not try and represent themselves on their own matters.

    This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.

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