FL-160 Property Declaration: When You Need It vs. FL-142
If you're researching California divorce forms, you may have seen both the FL-142 and the FL-160 mentioned in connection with property. They look similar, but they serve different purposes — and most people going through an uncontested divorce will never need the FL-160.
FL-142 vs. FL-160: What's the Difference?
| | FL-142 | FL-160 | |---|--------|--------| | Full name | Schedule of Assets and Debts | Property Declaration | | Purpose | Financial disclosure between spouses | Property listing for the court/judge | | Filed with court? | No — served on your spouse only | Yes — submitted to the court | | When required | Every divorce (mandatory disclosure) | Contested property cases going to trial | | Who sees it | Your spouse | The judge |
FL-142: For Disclosures (Every Divorce)
The FL-142 (Schedule of Assets and Debts) is part of your mandatory financial disclosures. Both spouses must exchange it as part of the preliminary disclosure process. It lists all assets and debts, identifies each as community or separate property, and provides current values.
The FL-142 is served on your spouse — it is not filed with the court. It's part of the private exchange between spouses that California law requires.
FL-160: For Court Proceedings (Contested Cases)
The FL-160 (Property Declaration) is used when the court needs to see a detailed property listing — typically because the spouses disagree about how property should be divided and a judge needs to make the decision.
You would file the FL-160 in situations like:
- Trial — The case is going to trial on property division issues
- Contested hearings — A hearing on property issues where the judge needs financial details
- Court-ordered declarations — The judge requests a property declaration
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Start freeDo You Need the FL-160?
If your divorce is uncontested — meaning you and your spouse agree on how to divide everything — you almost certainly do not need the FL-160. The FL-142 covers your disclosure obligations, and your marital settlement agreement covers the property division terms.
If your divorce is contested — meaning you and your spouse disagree on property division and need a judge to decide — you may need the FL-160. In this case, you should seriously consider hiring a family law attorney, as contested property trials involve complex legal rules around community property, tracing, and valuation.
How to Fill Out the FL-160
The FL-160 is organized similarly to the FL-142, with categories for:
- Real property (homes, land)
- Personal property (vehicles, bank accounts, investments)
- Retirement and pension accounts
- Business interests
- Debts
For each item, you provide a description, date acquired, current value, and whether you contend it's community or separate property. You also indicate your proposal — which spouse should receive each item.
The key difference from the FL-142 is that the FL-160 is submitted to the court and is formatted for judicial review, with a column for your proposal for division.
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Start freeIf You Need the FL-160, Consider Getting Help
The FL-160 is typically used in contested situations where significant property is at stake. If your case has reached the point where you need this form, the legal issues are likely complex enough to warrant professional help:
- Community property tracing may be needed for commingled assets
- Expert valuations may be required for businesses, real estate, or retirement accounts
- Tax consequences of different division approaches may need analysis
A family law attorney can help ensure your property declaration is accurate and that your proposed division is legally sound.
How MutualFile Helps
MutualFile is designed for amicable, uncontested divorces — where both spouses agree on property division and the FL-160 is not needed. Our guided interview helps you complete the FL-142 for disclosures and document your agreed-upon division in your marital settlement agreement. If your case turns contested, we'll let you know when professional legal help is appropriate.
This article is for informational purposes only and does not constitute legal advice. If your divorce involves contested property issues, consult a licensed family law attorney.