Once you know what property and debts are involved in your case, the next question is how to describe them to the court: what is separate, what is shared, what each item is worth, and who should end up with it. Form FL-160, Property Declaration, is built to answer exactly that.
Key Takeaway: FL-160 itemizes property and debts, separates them into community and separate categories, assigns a value to each, and can propose which spouse receives or is responsible for each one. It is often used to support a judgment, and can be attached to the FL-140 disclosure as an alternative to FL-142, or used on its own to lay out a proposed division.
Form FL-160 is the California Judicial Council form titled "Property Declaration." Instead of simply listing everything a couple owns and owes, it asks you to organize that property in a specific way:
- Separate it into community and separate categories
- Assign a value to each item
- Show what is proposed to go to each spouse
Because it combines characterization, valuation, and proposed division in one document, FL-160 is often used to support a judgment, whether that is a stipulated judgment both spouses agree to, or a default judgment based on what one spouse requested.
FL-160 asks you to list separate property and debts on their own, apart from anything shared. Separate property and debts are generally:
- Anything owned by either spouse before the marriage or domestic partnership began
- Anything received by one spouse individually, by gift or inheritance, even during the marriage
- Debts tied to that same separate property, or incurred individually before the marriage
Getting this category right matters, since separate property generally stays with the spouse who owns it and is not divided between the couple the way community property is.
An asset does not automatically become community property just because it was used by both spouses during the marriage, and it does not automatically stay separate just because only one spouse's name is on the title. Characterization depends on how and when the property was acquired, not just whose name is on it.
Community property and debts are generally anything either spouse acquired during the marriage or domestic partnership, regardless of whose name is on the account, title, or paperwork. This typically includes:
- Income earned by either spouse during the marriage
- Property purchased with that income
- Retirement contributions made during the marriage
- Debts taken on by either spouse during the marriage, for shared or individual purposes
FL-160 asks you to list these items separately from your separate property, since California generally divides community property and debts between the spouses, while separate property and debts generally are not divided.
<h2 id="assigning-value">Assigning a Value to Each Item</h2>For every item listed, whether separate or community, FL-160 asks you to enter a value. This is what turns a simple list into something a court, or you and your spouse, can actually use to confirm a division is fair.
- Leaving a value blank makes it difficult to confirm the division adds up correctly
- Rough estimates are common for items like furniture or vehicles, but larger assets (real property, retirement accounts, businesses) often need a more careful valuation
- Values should reflect what an item is reasonably worth, not simply what was originally paid for it
If you are unsure how to value a specific asset, such as a retirement account or a piece of real property, it is worth confirming your approach with your county Superior Court self-help center or a qualified professional before finalizing the form.
Beyond listing what exists and what it is worth, FL-160 has room to show the proposed division: which spouse is to receive each item of property, and which spouse is to be responsible for each debt.
This is useful in a few common situations:
- Spouses have reached an agreement and want to document the proposed division clearly
- One spouse is requesting a specific division as part of a default judgment
- A proposed division needs to be submitted to the court alongside a judgment for approval
Because FL-160 shows characterization, value, and proposed division together, it can make it easier for a court to review a proposed judgment at a glance, item by item.
<h2 id="fl-160-vs-fl-142">FL-160 vs. FL-142: What Is the Difference?</h2>FL-160 and FL-142, Schedule of Assets and Debts, are easy to confuse, since both deal with property and debts. The general difference:
| FL-142 (Schedule of Assets and Debts) | FL-160 (Property Declaration) | |
|---|---|---|
| Purpose | A full inventory of everything that exists | Characterizing property and proposing a division |
| Typical use | Required financial disclosures (FL-140) | Alternative attachment to disclosures, or used with a proposed division |
| Focus | Completeness: what do you have | Characterization and division: what is it, and who gets it |
| Often paired with | The Declaration of Disclosure process | A marital settlement agreement or judgment |
In short, FL-142 is generally a complete inventory of what exists, while FL-160 is often used to characterize that property as separate or community and propose how it should be divided. Depending on your case, FL-160 can be attached to the FL-140 disclosure as an alternative to FL-142, or used separately to lay out a proposed division.
<h2 id="common-mistakes">Common Mistakes to Avoid</h2>- Confusing FL-160 with FL-142, or assuming they serve the same purpose
- Leaving values blank instead of providing at least a reasonable estimate for every item
- Mischaracterizing separate property as community property, or the reverse, especially for gifts, inheritances, or property owned before the marriage
- Failing to list a debt simply because it is not a shared account
- Proposing a division without double checking that it is consistent with what has actually been agreed to, or requested
FL-160 rarely stands entirely on its own. It commonly connects to two other parts of a California family law case:
With financial disclosures. Both spouses are generally required to complete a Declaration of Disclosure (FL-140). In some cases, FL-160 can be attached as an alternative to FL-142 to satisfy part of that disclosure requirement.
With a judgment. Because FL-160 shows characterization, value, and proposed division together, it is often attached to or referenced by a proposed judgment, whether that judgment is based on an agreement between spouses or requested through a default. For more on how a judgment is put together, see How to Fill Out Form FL-180.
If you are not sure whether your case calls for FL-160, FL-142, or both, your county Superior Court self-help center can confirm what your specific disclosure and judgment package requires.
<h2 id="faqs">Frequently Asked Questions</h2>What is Form FL-160 used for?
Form FL-160 is the California Judicial Council Property Declaration. It itemizes the property and debts involved in a divorce, legal separation, or nullity case, separates them into community and separate categories, assigns a value to each item, and can propose which spouse receives or is responsible for each one. It is often used to support a judgment.
What is the difference between separate property and community property on FL-160?
Separate property and debts are generally anything owned before the marriage or domestic partnership, or received individually by one spouse through gift or inheritance during it. Community property and debts are generally anything acquired by either spouse during the marriage. FL-160 asks you to list items under the correct category, since misclassifying an item can change who is entitled to it.
Do I have to list a value for every item on FL-160?
Yes. FL-160 asks for a value next to each item of property or debt you list. Leaving values blank makes it difficult for the court, or for you and your spouse, to confirm the division is fair, and can slow down or complicate approval of a judgment that relies on the form.
How is FL-160 different from FL-142?
FL-142, Schedule of Assets and Debts, is generally a full inventory of everything that exists, every asset and debt, community and separate, as part of the required financial disclosures. FL-160 is often used specifically to characterize property as separate or community and to propose how it should be divided, which is why it is sometimes used as an alternative to FL-142 or attached alongside a judgment.
When is FL-160 used instead of FL-142?
FL-160 can be attached to the Declaration of Disclosure (FL-140) as an alternative to FL-142 in some cases, and it is also commonly used to lay out a proposed division of property, for example alongside a marital settlement agreement or a judgment. Whether FL-160 or FL-142 is the right fit for your disclosures depends on your case, so confirm with your county Superior Court self-help center if you are unsure.
Can FL-160 be used to propose how property should be divided?
Yes. Beyond listing what exists, FL-160 has room to show what is proposed to go to each spouse. This makes it useful when spouses have reached an agreement and want to document the proposed division clearly, or when a proposed division is being submitted to the court for approval.
Do I need FL-160 if my spouse and I already have a marital settlement agreement?
Many cases with a marital settlement agreement still use FL-160, or a similar attachment, to itemize the property and debts the agreement covers and to show the proposed division in a format the court can review alongside the judgment. Confirm with your court's self-help center or the instructions for your specific judgment package.
Can I fill out FL-160 myself, or do I need an attorney?
Many people complete FL-160 themselves, especially in straightforward, uncontested cases where the property involved is easy to identify and value. The form is public and free to download, but accuracy matters, since misclassifying property or leaving values blank can affect what a judgment ultimately reflects. A document preparation service or attorney can help if your situation involves significant, complex, or disputed assets.
How Virdix Helps With FL-160
Most problems with FL-160 do not come from complicated law, they come from small inconsistencies: an item listed under the wrong category, a value left blank, or a proposed division that does not match what was actually agreed to. Virdix is built to catch those before you file:
- Guided questions, plain-language prompts help you sort property into separate and community categories correctly
- Consistency checks, values and proposed divisions carry through to your related disclosure and judgment forms
- Complete records, so nothing gets left blank before you submit
- County-specific filing details, so you know where and how your paperwork needs to be filed
We don't replace an attorney for contested or complex property disputes, but for straightforward filings, Virdix helps make sure your FL-160 is complete and consistent from the start.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California