Legal Question in Family Law in California

FL-100 7 h property rights be determined

What does it mean, court determines rights, if you uncheck does that mean you determine rights?

Asked on 7/10/12, 12:30 pm

1 Answer from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Good question. But the answer is no. (although if you and your spouse agree on the property rights, and the proper procedures for a stipulated judgment are followed, your agreement can be put in the judgment and the judge will make it a court order.) In a contested divorce this may not matter, but in a divorce where the other party does not participate (default), the court cannot grant in a judgment what was not asked for in the Petition. So to be safe, if you want the judgment to contain orders dividing property and debt, you should check this box.

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Answered on 7/11/12, 9:52 pm

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