Dividing the house, cars, and debts in your San Jose divorce — in writing, done right
Who keeps the house? Who pays the credit cards? Rosa prepares your property and debt disclosures and types the division you and your spouse agree on into your judgment — at a flat fee, and at your direction.
How is property divided in a California divorce?
California is a community property state: most property and debts acquired during the marriage belong to both spouses equally and are divided equally, unless the spouses agree otherwise in writing. Property owned before marriage, received as a gift or inheritance, or acquired after separation is usually separate property. Expert Multi-Services, a registered and bonded Legal Document Assistant in San Jose, prepares the disclosure forms and the written division you agree on, at your direction.
What Rosa does
- Prepares your Schedule of Assets and Debts (FL-142) and Property Declaration (FL-160)
- Prepares your Declaration of Disclosure
- Types the division you both agreed on into your settlement and judgment
- Explains each form in English or Spanish
What only an attorney does
- Decides whether an item is community or separate property
- Advises whether a division is fair to you
- Negotiates or argues property issues in court
Afraid of losing the house or getting stuck with the debt?Talk with Rosa today — walk-ins welcome.
Official sources: Family Code section 2550 · Form FL-142 · California Courts Self-Help — Divorce
What usually gets divided — and what doesn’t
| Usually community (divided) | Usually separate (kept) | |
|---|---|---|
| Home | Bought during the marriage | Owned before the marriage |
| Income and savings | Earned during the marriage | Earned after the date of separation |
| Gifts and inheritance | Gifts to both spouses | Gift or inheritance to one spouse |
| Debts | Credit cards and loans taken during the marriage | Debts from before marriage or after separation |
| Retirement | Portion earned during the marriage | Portion earned before marriage or after separation |
Your judgment doesn’t change the title by itself
Even after the judge awards the house to one spouse, the county records still show both names until a deed is recorded — often an interspousal transfer deed with the correct reassessment exclusion. Expert Multi-Services does not prepare deeds; we refer that step to interspousal transfer deed preparation at TruPoint Legal, a separate registered LDA business that prepares and e-records deeds in all 58 California counties.
Also remember: taking your ex off the title does not take them off the mortgage. Removing a name from the loan usually requires refinancing or the lender’s approval.
TruPoint Legal is a separate business with its own registration and fees. Retirement accounts may need a separate court order to divide; Expert Multi-Services does not prepare those orders.
You may need property paperwork if…
- You own a home together and one of you wants to keep it.
- There are credit cards, car loans, or medical bills in both names.
- You and your spouse agreed on who gets what and need it written correctly.
- You are not sure how to list your assets and debts on the court forms.
Five steps with Rosa
- List everything. Bank accounts, vehicles, the home, retirement, credit cards, and loans.
- Gather statements. Recent statements, loan balances, and your date of separation.
- Rosa prepares your disclosures at your direction. FL-142, FL-160, and your Declaration of Disclosure.
- Put your agreement in writing. Rosa types the division you both decided into your settlement and judgment.
- Finish the paper trail. After judgment, record the deed for the house through TruPoint Legal and update your accounts.
A missed asset or debt can reopen your case
California requires full and honest disclosure of every asset and debt. An item left off your forms can delay your judgment or be raised again later. Rosa walks through each category with you so your disclosures are complete before anything is filed.
One flat price, in writing
- Your flat fee is quoted in writing before work begins.
- Court filing fees are additional where applicable; fee waivers may be available.
- Deed preparation and recording are handled separately by TruPoint Legal at its own fees.
- We are not attorneys and cannot provide legal advice. We prepare documents at your direction.
“I can’t say enough good things about Rosa and the work she did on my divorce. She was professional, compassionate, and incredibly knowledgeable — she explained every step clearly and made sure I felt supported. Highly recommend.”Amy SmithDivorce client
Property and debt questions, answered
How is property divided in a California divorce?
California is a community property state. Most property and debts acquired during the marriage are divided equally, unless the spouses agree to a different division in writing.
What is community property?
Community property is generally everything either spouse earned or acquired during the marriage and before the date of separation, such as income, a home bought during the marriage, and savings.
What is separate property?
Separate property is generally what a spouse owned before the marriage, received as a gift or inheritance, or acquired after the date of separation. Separate property usually stays with that spouse.
Who keeps the house in a divorce in California?
The spouses can agree on who keeps the house, often with a buyout of the other spouse’s share, or they can sell it and split the proceeds. If they cannot agree, the judge decides.
How are debts divided in a divorce?
Debts taken on during the marriage are generally community debts and are divided along with the property. Debts from before the marriage or after separation are usually the responsibility of the spouse who took them on.
What forms list our property and debts?
The main forms are the Schedule of Assets and Debts (FL-142), the Property Declaration (FL-160), and the Declaration of Disclosure (FL-140). Expert Multi-Services prepares these at your direction.
Can we divide our property without going to court?
Yes. Spouses can agree on the division in writing, and the agreement becomes part of the divorce judgment once the judge approves it. Rosa types your agreed division into the correct paperwork.
How do I take my ex off the house title after the divorce?
The divorce judgment does not change the county title by itself. A deed, often an interspousal transfer deed, must be recorded. Expert Multi-Services refers deed preparation to TruPoint Legal, a separate registered LDA business.
Does taking my ex off the title remove them from the mortgage?
No. The title and the loan are separate. Removing a former spouse from the mortgage usually requires refinancing or the lender’s approval.
Will transferring the house to my spouse raise the property taxes?
Transfers between spouses as part of a divorce are generally excluded from property tax reassessment in California when the correct forms are filed with the deed.
What about retirement accounts and pensions?
The part of a retirement account earned during the marriage is usually community property. Dividing it often requires a separate court order for the plan, which Expert Multi-Services does not prepare; you may need a specialist or attorney for that step.
Can Rosa tell me whether our division is fair?
No. A Legal Document Assistant cannot give legal advice or decide whether property is community or separate. You and your spouse decide the division, and Rosa prepares the forms at your direction.
How much does property division paperwork cost in San Jose?
Property and debt forms are part of your divorce package, with flat fees starting at $1,200 and quoted in writing before work begins. Court filing fees and deed recording are separate.
Do I need a lawyer to divide property?
California does not require a lawyer if you and your spouse agree. If you disagree about the house, a business, or retirement, or if the property is complex, consulting an attorney is a good idea.
Do you help with property division in Spanish?
Yes. Rosa is a native Spanish speaker and explains every property and debt form in Spanish. Se habla español.
Can I walk in today or book online?
Yes. Walk-ins are welcome Monday through Friday, 10 AM to 6 PM, at 434 Blossom Hill Rd, San Jose. You can also book online or call (408) 766-3529.
Get your property and debts in writing with Rosa
Walk-ins welcome Monday–Friday, 10 AM–6 PM, at 434 Blossom Hill Rd, San Jose. Se habla español.
Expert Multi-Services Inc. is a registered and bonded Legal Document Assistant (LDA #269, Santa Clara County). We are not attorneys and cannot provide legal advice. We prepare documents at your direction.