How to list all marital assets for divorce paperwork

Last updated 2026-07-09

What counts as a marital asset?

A marital asset is any property, account, or financial interest either spouse acquired from the date of marriage through the date of separation (or the date of filing, depending on your state). ^[1] The title on the account or deed does not decide it. If your spouse earned money during the marriage and parked it in an account with only their name on it, that money is still marital in most states.

The general rule is short. Income earned during the marriage is marital. Property bought with that income is marital. Debt taken on during the marriage is almost always marital too.

Separate property is the exception. It covers assets one spouse owned before the marriage, inheritances received by one spouse alone (even mid-marriage), and gifts given specifically to one spouse from a third party. The trap is commingling. If you inherited $40,000 and dropped it into a joint checking account that both of you used for groceries and car payments, most courts will treat at least part of that inheritance as marital, because you mixed it with marital funds. ^[2]

Nine states use community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In those states, nearly everything earned or acquired during the marriage is owned 50/50 by default. ^[3] The other 41 states use equitable distribution, which lets a judge divide assets in whatever proportion is fair, not necessarily equal. For an uncontested divorce, you and your spouse can agree to any split you both accept, in any state.

What types of assets do you need to list?

The full list runs longer than most people expect. Courts want disclosure of every asset with measurable value, well past the house and the checking account.

Here is what to include:

Real property: the marital home, vacation property, rental units, undeveloped land, timeshares.

Financial accounts: checking, savings, money market, CDs. List each account on its own with the institution name, the last four digits of the account number, and the current balance.

Retirement and pension accounts: 401(k), 403(b), IRA, Roth IRA, pension plans, deferred compensation plans. ^[4] Retirement accounts are often the largest single asset in a divorce, and dividing an employer plan takes a separate court order called a QDRO (Qualified Domestic Relations Order) to avoid taxes and penalties.

Brokerage and investment accounts: taxable brokerage accounts, stock portfolios, mutual funds, stock options, restricted stock units (RSUs). List RSUs and options granted during the marriage even if they have not vested yet. Courts treat the portion that vested during the marriage as marital.

Business interests: a sole proprietorship, partnership share, LLC membership interest, or corporate stock in a private company. These need valuation, which runs from a simple earnings multiple to a full business appraisal.

Vehicles: cars, trucks, motorcycles, boats, RVs, ATVs. Use the current Kelley Blue Book or NADA value, not what you paid.

Life insurance with cash value: term life has no cash value to list. Whole life, universal life, and variable life policies build cash value that is a marital asset.

Cryptocurrency and digital assets: Bitcoin, Ethereum, NFTs, any other digital holdings. List the wallet type, the approximate holdings, and the USD value as of a specific date.

Intellectual property: royalties, patents, copyrights, and licensing income that arose during the marriage.

Pending legal claims: a personal injury lawsuit or workers' compensation claim filed during the marriage. The lost-wages portion is usually marital; the pain-and-suffering portion may be separate, though this varies by state.

Personal property: furniture, jewelry, art, collectibles, firearms, musical instruments. Nobody expects you to list every fork in the kitchen, but items with real value (generally over $500 each, though there is no universal threshold) should appear.

Frequent flyer miles and rewards points: technically marital in most places, though many couples just split them informally in the settlement.

What is the actual form you fill out?

Every state has its own financial disclosure form, and the names change at the border. Schedule of Assets and Debts. Financial Disclosure Statement. Inventory and Appraisement (Texas). Marital Settlement Agreement schedules. Or simply a Declaration of Disclosure. ^[5]

For an uncontested divorce, you typically file one of two things. Option one is a combined Marital Settlement Agreement that lists all assets and debts and states how each is divided. Option two is separate financial disclosure affidavits plus a settlement agreement that references them. A handful of states let simplified uncontested divorces skip formal disclosures if both spouses waive them in writing, but that waiver only makes sense when the assets are genuinely tiny.

Start at your state court's self-help center. That is where the correct form lives, free. California's Judicial Council publishes form FL-160 (Property Declaration) and FL-142 (Schedule of Assets and Debts) as fillable PDFs. ^[6] Texas uses the Inventory and Appraisement. Florida uses Family Law Form 12.902(b) or (c) depending on income. ^[7]

If you are using a document preparation service, the Marital Settlement Agreement in DivorceClear's $149 document packet includes the asset schedules and walks you through each field. The same form is always free from your court, and you can file without any service at all.

Do not confuse the financial disclosure with the property division agreement. The disclosure is a sworn inventory of what exists. The agreement is your signed decision about who gets what. Both go to the court.

How do you find assets you might be forgetting?

Start with documents, not memory. Memory gets unreliable after years of marriage, and courts treat an omission the same whether it was a lie or an honest blank spot.

Pull these records for the past three to five years:

• Tax returns (Form 1040 and all schedules). ^[8] Schedule B shows interest and dividend income, which points to bank and brokerage accounts. Schedule E shows rental income and partnership distributions. Schedule D shows capital gains from investments you may have forgotten you own.
• W-2s and 1099s. These often flag retirement plan contributions and business income.
• Bank statements. Every account either spouse could touch.
• Credit reports for both spouses. Pull free reports from AnnualCreditReport.com, the only federally authorized source. ^[9] A credit report lists every debt account and sometimes surfaces accounts the other spouse opened alone.
• Mortgage statements and property tax bills.
• The most recent benefits statement from every employer retirement plan.
• Business bank accounts and the latest profit/loss statement if either spouse owns a business.

One category people forget over and over: employer benefits with a cash value. Stock options, pension promises, deferred compensation, even accrued vacation pay that gets cashed out are marital assets in most states. Ask HR for a total compensation statement if you are not sure what your plan holds.

Cryptocurrency is the other common blind spot. If either spouse ever bought crypto, check the email address they used at exchanges like Coinbase, Kraken, or Gemini, and look for a hardware wallet in a drawer. A 2023 survey by Grayscale found roughly 26% of American adults hold some form of digital asset, so this is no longer a fringe concern. ^[10]

How do you value each asset?

The target is fair market value: what a willing buyer would pay a willing seller today. Not purchase price. Not sentimental value. Not replacement cost.

Asset type	How to get a value
Bank/brokerage accounts	Account statement balance as of a specific date
Retirement accounts	Most recent statement balance (note: pre-tax accounts carry a future tax cost; many couples discount 20-30% for it)
Home	Average of two or three comparable sales (comps), or a formal appraisal ($300-$600 typical cost)
Vehicle	Kelley Blue Book private-party value at current mileage and condition
Business	Simple: 2-3x annual net profit for a small service business; complex: full appraisal by a CPA or certified business valuator
Life insurance cash value	Call the insurer or check the policy's most recent annual statement
Cryptocurrency	USD value on a named exchange as of the agreed valuation date
Personal property / jewelry	Written estimate from a dealer or certified appraiser

For the marital home, a formal appraisal is not always required in an uncontested divorce, but it is the cleanest move if you and your spouse disagree even a little on value. If you agree on the number, a written statement in your settlement agreement citing the basis for that value is usually enough. Many courts accept a real estate agent's comparative market analysis (CMA) instead of a full appraisal when both parties agree.

For retirement accounts, both spouses should get one thing straight: a 401(k) with a $200,000 balance is not $200,000 in cash. Withdrawals are taxed as ordinary income and take a 10% early withdrawal penalty before age 59½. Courts and practitioners routinely discount the stated balance when weighing it against after-tax assets like a savings account. That is a judgment call, not a legal formula, and it is one spot where paying for even a single consultation with a divorce attorney earns its keep.

How do you list separate property so it stays protected?

If you have property you believe is yours alone, you still list it on the financial disclosure in most states. You just label it separate property and state why.

The common categories are three: property owned before marriage (list the acquisition date and a short description), inheritances (name the decedent and the approximate receipt date), and gifts from third parties (describe the gift and the giver).

Then you trace it. Tracing means showing a paper trail that the asset never mixed with marital money. A bank account you opened before marriage and never used for joint expenses is traceable. An inheritance you dropped into the joint account and spent on a kitchen remodel is not.

If you commingled separate funds with marital funds and want the separate portion back, a forensic accountant can trace the deposits and withdrawals to reconstruct what was yours. That costs money (typically $150-$400/hour) and is usually only worth it for large sums. For an uncontested divorce where both of you agree on how every asset is characterized, you just state the agreement in your Marital Settlement Agreement and both sign.

One honest note. If your spouse disputes that a particular asset is separate property, that is a contested issue. An uncontested divorce needs complete agreement. A single disputed item can drag you into litigation, which is when a divorce lawyer stops being optional.

What happens if you forget or hide an asset?

Courts take disclosure seriously because you sign it under penalty of perjury. Most state financial disclosure forms include language affirming the list is complete and accurate to the best of your knowledge.

A genuine oversight is not the same as hiding something, but the fallout can still hurt. If a forgotten asset surfaces after the divorce is final, a court can reopen the property division. California Family Code Section 2556 lets a court divide any asset left out of a divorce decree at any time after judgment, with no statute of limitations on the omission. ^[11] Other states have similar provisions.

Deliberate concealment is treated as fraud on the court. Judges have punished parties who hid assets by handing the entire hidden asset to the other spouse, more than half of it. In high-asset cases, attorneys use subpoenas, deposition questions, and forensic accountants to run down hidden property. In a self-represented uncontested divorce, you are running on mutual honesty. If you have real reason to think your spouse is hiding something, that is a signal the divorce is not truly uncontested and you need professional help.

The practical takeaway is one sentence. Disclose everything. If you are unsure whether something counts as a marital asset, list it anyway and note the uncertainty. Courts forgive over-disclosure far more readily than under-disclosure.

How do you handle debt on the asset list?

Most financial disclosure forms want a separate schedule of debts next to the asset schedule. The structure matches: list every debt, who owes it (whose name is on it), the current balance, and the proposed allocation.

Marital debt covers mortgages, car loans, credit cards used for joint expenses, student loans taken during the marriage (sometimes, depending on state and purpose), home equity lines of credit, and personal loans. Debt in one spouse's name alone is still marital if it was run up for marital purposes during the marriage.

Your Marital Settlement Agreement assigns each debt to a specific spouse. But that assignment does not change your legal obligation to the lender. If the mortgage is in both names and the agreement says Spouse A pays it, the bank can still chase Spouse B if Spouse A defaults. The only ways to fully cut a spouse off a debt are to refinance (which the bank controls) or pay it off. For credit cards in both names, closing the joint account and opening individual ones is the cleanest path.

List debts the way you list assets: institution, account number (last four digits), current balance as of a specific date, and monthly payment. Your settlement agreement then states plainly who pays each debt going forward, who covers any arrears, and what happens if the assigned spouse fails to pay.

What does a completed asset list actually look like?

Here is a stripped-down example of a real asset schedule inside an uncontested divorce settlement agreement. It is illustrative, not a legal form.

SCHEDULE A: MARITAL ASSETS

Asset	Description	Current Value	Allocated To
Real property	123 Main St, Anytown, TX (marital home)	$320,000	Spouse A (refinances within 90 days)
Bank account	Chase checking #4412	$8,200	Split equally
Bank account	Chase savings #4413	$14,500	Spouse B
Retirement	Fidelity 401(k), Spouse A	$112,000	Spouse A retains; no QDRO needed per agreement
Retirement	Vanguard IRA, Spouse B	$44,000	Spouse B retains
Vehicle	2019 Honda CR-V, VIN ending 8821	$18,400	Spouse A
Vehicle	2021 Toyota Camry, VIN ending 3309	$22,100	Spouse B
Personal property	Living room furniture, per attached list	$2,200	Spouse A
Personal property	Spouse B's jewelry collection	$3,800	Spouse B (separate property, pre-marital gift, agreed)

The schedule keeps going with a debt list in the same format. Both parties sign and date each page. Your court's exact layout may differ, but the substance is the same everywhere: asset, description, value, who gets it.

One thing real forms include that this example does not: the signature block with the perjury declaration. Both spouses confirm under oath that the list is complete. That signature is the moment the disclosure becomes legally binding.

Does the asset list differ depending on your state?

Yes, in ways that matter. The core concept holds everywhere, but the required form, the filing deadline, and the level of detail all shift by state.

California requires both a Preliminary Declaration of Disclosure (FL-140 and related forms) and a Final Declaration of Disclosure before a judgment can be entered. ^[6] Parties can waive the final disclosure in writing, but never the preliminary one. California runs a more formal process than most states.

Texas calls its form an Inventory and Appraisement and does not require it to be filed in every case, but judges routinely order it, and preparing one is best practice. ^[5]

Florida requires a financial affidavit (Form 12.902(b) for incomes under $50,000/year, Form 12.902(c) for higher incomes) in all contested cases, and in uncontested cases when there are minor children or when either party asks for it. ^[7]

New York requires a Statement of Net Worth in all contested cases. Uncontested divorces there can proceed on a signed settlement agreement alone if both parties waive disclosure, but the settlement has to be detailed.

The safe move in any state is to prepare a thorough asset list even when it is technically optional. Courts that later hit a dispute over omitted assets have no patience for the argument that disclosure was waived.

Your state court's self-help page is the authoritative source for the exact form and filing rules. The National Center for State Courts keeps a directory of state court self-help resources at ncsc.org. ^[12]

How long does the asset listing process take?

For a simple marriage with a few bank accounts, one home, two cars, and retirement accounts, gathering documents and drafting the schedules takes most people four to eight hours spread over a week or two. The work is mostly document collection, not writing.

More complex situations run longer. Business interests, a big investment portfolio, real estate in multiple states, or a long marriage with a pile of accumulated assets can push the process into weeks and may need professional valuations with their own timelines. A real estate appraisal usually takes one to two weeks. A business valuation from a CPA can take four to eight weeks.

The disclosure itself is not what slows most uncontested divorces down. The waiting period is. Most states impose a mandatory gap between filing and final judgment, running from 60 days in Texas ^[13] up to six months in California for many marriages. ^[14] During that window you can keep refining your asset schedule.

For couples using the DivorceClear document packet, the asset schedule is built into the Marital Settlement Agreement template, so you fill it in once instead of building a standalone document and copying the numbers over. That saves time. The same information goes into your court's own form set if you prefer to file without a service.

Should you hire a professional to value assets, or do it yourself?

Honest answer: it depends on the asset and on what is at stake.

Bank accounts, savings, and retirement plan balances value themselves. Pull the statement, write down the number, done. No professional needed.

The marital home is where couples most often disagree on value, and the gap between two opinions can be $20,000 to $50,000 in a normal market. If you agree on a number and can back it with three recent comparable sales, that is fine for an uncontested divorce. If there is any chance of disagreement, a $400 appraisal is cheaper than the legal fees a valuation fight generates later.

Business interests are the one category where DIY valuation almost always goes sideways. Business value is genuinely contested ground. A simple revenue multiple can wildly overvalue or undervalue a specific business. If either spouse owns more than a trivial stake, a certified business valuator (a professional with the CBV or ABV credential) is worth the money. A basic valuation for a small business runs $3,000 to $8,000 depending on complexity and location. For a business worth more than a few hundred thousand dollars, that is cheap insurance.

For everything else, use the free public tools: Kelley Blue Book for vehicles, exchange statements for crypto, insurer statements for life insurance cash value. Courts do not expect perfection on personal property under a few thousand dollars. Make a reasonable good-faith estimate, get both parties to agree to it, and move on.

Frequently asked questions

Do I have to list assets that are only in my spouse's name?

Yes. Title does not decide whether something is marital. A bank account, retirement plan, or vehicle held solely in your spouse's name is still marital property if it was acquired during the marriage with marital income. You have to list it on your financial disclosure. Leaving it off because the title reads one name is the most common disclosure mistake in uncontested divorces.

Does a car loan or mortgage count as an asset or a debt?

Both. The vehicle or home is an asset; the loan against it is a debt. List the asset at current market value and the loan at its current payoff balance on the debt schedule. The difference is net equity, and that is what actually gets divided. A home worth $300,000 with a $210,000 mortgage has $90,000 in equity.

What if I don't know all my spouse's assets?

Pull both spouses' tax returns, credit reports, and bank statements for the last three to five years. Federal tax returns, especially Schedule B and Schedule D, reveal most financial accounts. If you genuinely suspect hidden assets in an uncontested filing, that is a sign the divorce may not be fully uncontested. At that point, talk to a divorce attorney about formal discovery tools.

How do I list a 401(k) or IRA on divorce paperwork?

List the account holder's name, the plan administrator (Fidelity, Vanguard, etc.), the account type, and the current balance from the most recent statement. Note the date the balance was taken. If the agreement divides the account, you also need a QDRO (for employer plans) or a transfer incident to divorce (for IRAs) to move funds without triggering taxes or penalties. The divorce decree alone does not split the account.

Is an inheritance I received during the marriage a marital asset?

Generally no, as long as you kept it separate. An inheritance left solely to you and held in an account only you controlled is usually separate property in both community property and equitable distribution states. If you deposited it into a joint account or spent it on joint purchases, a court may treat it as commingled and therefore partly or fully marital. Document the inheritance and how you handled it.

What if one spouse has a pension rather than a 401(k)?

A defined-benefit pension is still a marital asset for the portion earned during the marriage. It needs to be listed and, if divided, requires a QDRO (or a state-equivalent order for government pensions). Valuing a pension is harder than valuing a 401(k) because it pays a future income stream rather than holding a current balance. The plan administrator can give an estimated present value, or you can hire an actuary.

Can we just agree verbally on who gets what and skip the formal asset list?

No. A verbal agreement is not enforceable. Courts require a written, signed Marital Settlement Agreement, and most states want a sworn financial disclosure too. Without a written asset list built into a court-filed agreement, neither spouse has a legally enforceable claim to what was promised. A handshake deal is only as good as trust, and trust after divorce tends to erode fast.

What is the difference between an asset list and a Marital Settlement Agreement?

The asset list is an inventory of what exists and what each item is worth. The Marital Settlement Agreement is the binding contract that says who gets each item. Most agreements attach the asset list as a schedule or exhibit. You need both: the list to show what was disclosed, and the agreement to show how it was divided. Courts file both.

Do we have to agree on values, or can we each submit our own estimates?

For an uncontested divorce, you have to agree. Uncontested means both spouses agree on everything, including asset values and division. If you submit conflicting valuations, the divorce becomes contested. Where you disagree on value, either get an independent appraisal you both accept or use a mediator to negotiate the number before filing.

How do I list cryptocurrency on divorce paperwork?

List the type of cryptocurrency (Bitcoin, Ethereum, etc.), the approximate quantity, the exchange or wallet where it is held (Coinbase, Ledger, etc.), and the USD value as of a specific agreed date. Both spouses should screenshot their exchange dashboards. Crypto swings hard, so pin the valuation to one date and state that date clearly in the settlement agreement to head off later disputes.

What happens if a major asset (like the house) is discovered after the divorce is final?

Courts can reopen property division for omitted assets. California Family Code Section 2556 allows this with no time limit. Most other states have similar provisions. The omitted asset then gets divided as if the divorce were still pending. If the omission was deliberate, a court can sanction the concealing party by handing the other spouse a disproportionate share of the hidden asset.

Do I need an attorney to prepare the asset list for an uncontested divorce?

Not legally. You can prepare the asset schedule yourself using your court's free forms and the financial records you already have. An attorney is worth a consultation if you have a business interest, a large pension, real estate in multiple states, or any asset where valuation is genuinely uncertain. For a simple marriage with straightforward assets, most people handle the list themselves.

How do I value the marital home if we haven't sold it yet?

Use fair market value: what it would sell for today. A licensed appraiser gives the most defensible number ($300-$600 for a typical single-family home). A real estate agent's written comparative market analysis (CMA) is free and accepted by most courts in uncontested cases where both parties agree on the figure. Zillow estimates are not reliable for legal filings and should not be your only source.

Sources

1. Cornell Law School Legal Information Institute, Marital Property overview: Marital property generally includes all property acquired by either spouse during the marriage, regardless of whose name it is in.
2. Cornell Law School Legal Information Institute, Commingling definition: Commingling separate funds with marital funds can convert separate property into marital property.
3. Internal Revenue Service, Community Property overview: Nine states have community property laws: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
4. U.S. Department of Labor, QDROs: The Division of Retirement Benefits Through Qualified Domestic Relations Orders: Retirement plan benefits earned during the marriage are marital assets subject to division by a Qualified Domestic Relations Order (QDRO).
5. Texas Courts, Family Law forms and self-help resources: Texas uses a financial disclosure form called the Inventory and Appraisement, which judges routinely order in divorce cases.
6. California Courts, Judicial Council forms FL-140, FL-160, and FL-142: California requires a Preliminary Declaration of Disclosure (FL-140, FL-160, FL-142) from both parties before a divorce judgment can be entered; the preliminary declaration cannot be waived.
7. Florida Courts, Family Law Self-Help Information, Form 12.902: Florida requires a Financial Affidavit (Form 12.902(b) for incomes under $50,000/year; Form 12.902(c) for higher incomes) in divorce cases involving minor children or when requested.
8. Internal Revenue Service, About Form 1040 and Schedules: IRS Schedule B reports interest and dividend income; Schedule D reports capital gains; Schedule E reports rental and partnership income, all of which can reveal marital financial accounts during asset discovery.
9. Consumer Financial Protection Bureau, guidance on free credit reports: AnnualCreditReport.com is the only federally authorized source for free credit reports from all three major bureaus.
10. Grayscale Investments, 2023 crypto research survey: A 2023 Grayscale survey found approximately 26% of American adults hold some form of digital asset.
11. California Legislative Information, Family Code Section 2556: California Family Code Section 2556 authorizes a court to divide any asset omitted from a divorce decree at any time after judgment, with no statute of limitations on the omission.
12. National Center for State Courts, State Court Self-Help Resources directory: The National Center for State Courts maintains a directory of state court self-help resources for self-represented litigants in divorce and family law matters.
13. Texas Constitution and Statutes, Family Code Section 6.702: Texas Family Code Section 6.702 imposes a 60-day waiting period between filing a divorce petition and entry of a final divorce decree.
14. California Legislative Information, Family Code Section 2339: California Family Code Section 2339 imposes a six-month minimum period after service before a divorce judgment takes effect.