Uncontested divorce with assets
I received a house through gift, will or inheritance - is this my Separate Property?
Yes. Property received through gift, will or inheritance should be listed as your Separate Property, as should any property that you purchased or acquired prior to the marriage.
My spouse and I would like to exchange / partition / divide our retirement assets amongst one another. Why can’t I include this in my Uncontested Divorce?
Changing the ownership of retirement assets requires a separate hearing and additional legal documentation in the form of a Qualified Domestic Relations Order (QDRO). The changes also need to be processed by the Retirement Plan Administrator.
We bought a house during the marriage but only one of us is on the deed. Is it still Community Property?
Yes. Contrary to popular belief, it is not a requirement that both spouses be listed on any deed for any particular property for it to be deemed Community Property.

Lauren Carrington Smyth
Managing Partner