If you have any property or bills to divide, you should fill out this worksheet.
Print it from your browser and fill it in, or cut and paste the text to your word processor and fill it in there. Then take it with you the first time you go to see your attoney.
You'll need to find copies of documents related to any real property (land) you list on the worksheet and also for a number of things you will list below: deeds, mortgages, trust deeds, notes, registration papers for motor vehicles, serial numbers for major items, account numbers for financial and retirement accounts, and so on. Make copies to provide to your attorney.
Anyplace it asks for the value of property, you need to put down the "fair-market value," which means the amount you can get for the item if sold on the open market less any costs of sale, not necessarily a "yard sale" but what you could get if you seriously were looking to sell it, and not necessarily what its emotional value might be to you. Professional appraisals help with real property, pensions, a going business, or any items of uncertain or disputed value.
Items 1 (f) and (i) are where
you indicate if money for the purchase of the family home came from the
separate property of either spouse. In answering Item 8, remember
that "Whole" life insurance has a built in savings plan that builds up
cash-in value over time; "term" insurance is cheaper but has no cash-in
value. Examine all policies carefully to see which type they are.
In answering Item 9: For pension plans, in addition to information asked
for, you will want to get a "Summary Plan Description" from the administrators
of each plan (write to them) and the amount paid in on the account.
| Date filling out form: ______
Assets and debts in the marriage of: 1. The family home:
with an approximate market value of $___________ a) Address: b) Date of original purchase: c) Title is now in name of __ Husband __ Wife __ Both __ Other: d) Title is held as:
__ Community Property __ Other: Title has been changed since we first acquired it as follows: e) Dividing the family home: __ We both agree that the house should be divided:
__ There have been __ oral __ written understandings or agreements about
ownership of the family home, or about reimbursement for money spent on
purchase or improvements (give dates, and details):
f) The money for the down payment of $_______ was obtained from (give
amount):
__ Wife's funds: __ Other: (1) 1st Deed of Trust
Other Deeds of Trust __ The home was never refinanced.
__ entirely from the wages
of either spouse.
__ Neither spouse owns or is buying any other real estate (skip to 3).
(For type, R=rental, U=unimproved land, F=farm or ranch, C=commercial property). Type Address or location Date purchased Price Current Valuea) b) c) d) Amount & source Balance owed Title in name Amount of + or - of down payment on property of H/W/other cash flow per montha) b) c) d) 3. Automobiles Registered to Year Make & model Amount owed Approx Miles Valuea) b) c) d) 4. Personal property: Identify items of special monetary or sentimental value, then lump the rest into general categories such as furniture, appliances, tools, garden equipment, hobby equipment, books, records, sports equipment, paintings, et cetera. Description Value Amt owing Whose is it? (H/W/H&W/other)a) b) c) d) e) f) g) h) i) j) k) l) m) n) 5. Cash accounts (Checking, saving, credit union, money market, T-bills, certificates of deposit): In name of Where held & Balance at Balance Maturity Who controls H/W/other type of Acct separation now date it? H/W/othera) b) c) d) e) 6. Retirement accounts (IRA or Keogh) held by either spouse: In name of Institution Type of Approximate Maturity H/W/other and Branch Account value/amount datea) b) c) d) 7. Securities (Mutual funds, bonds, limited partnerships, stocks)
owned by either spouse:
8. Life insurance policies on either spouse or children: Company Policy # Whole or term? Face Value Cash value Beneficiary Insureda) b) c) d) 9. Pension, retirement or profit-sharing benefits in which either spouse may have an interest: In name of Company or Years in Terms, amount H or W Union, address Acct # plan of benefitsa) b) c) d) 10. Business interests. Describe any interest held by either spouse in any business, professional practice or corporation, giving approximate value of interest where possible.
11. Tax returns: The last year for which we filed a joint return was __ There is no tax refund currently due
$_______ from the state,
in the next year are as follows: 12. Debts: Balance at Balance Creditor Purpose separation todaya) b) c) d) e)
Part of debt incurred Annual interest Monthly Written Who has before sep./during marriage rate payment agreement? records?a) b) c) d) e) 13. Education & training. If community funds were used for
education or training of either spouse that substantially increased that
spouse's earning capacity, indicate how much and who it was for:
14. Separate property
b) List below any other property or debt not listed above that you think is the separate property of either spouse. Description How was it acquired? Whose is it?a) b) c) d) e) f)
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