Equitable Distribution Affidavit Preparation Instructions {Form 05}

Equitable Distribution Affidavit Instructions EQUITABLE DISTRIBUTION AFFIDAVIT PREPARATION INSTRUCTIONS (1). READ THESE INSTRUCTIONS CAREFULLY! The affidavit must be fully and accurately prepared. Your interests in this lawsuit may be harmed if you r affidavit does not contain all the information required and is not accurate. (2). If you have questions, or are unsure how to list certain informat ion, ask your attorney first so that your affidavit will be complete and correct befor e it is placed in final typed form. Failure to fully comply with these instructions may result in your affidavit not being allowed into evidence by the court. (3). The affidavit, when filed with the Clerk of Court, must be three typed or reproduced copies. (4). Each individual item must be listed separately. (5). Only "marital property" should be listed in Part I. Be certain that you understand from your attorney what is and is not "marital property." (6). The affidavit form has been designed to provide a "PART" for each of the following categories: Part I Marital Part II Separate Part III Mixed Part IV Pensions Part V Marital Debts Part VI Income and Expenses Each of Parts I, II & III are, in turn, divided into sub-categories which have an accompanying alphabetical denomination as shown below: A. Real Property B. Motor Vehicles C. Household furnishings D. Bank Accounts E. Jewelry F. Stocks and Bonds G. Miscellaneous personalty Beginning with Part I, which is indicated at the top of the affidavit fo rm, you should mark the subcategory letter in the blank provided at the top of each page, beginning with "A" and continuing alphabetically for each subcategory for which you have pr operty. You should also note at the top of each page of the affidavit the subcategor y that 1 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2Equitable Distribution Affidavit Instructions accompanies the letter designation; for example: A. Real Property. After heading the page, proceed to list, in order of declining value, the property that fi ts within that subcategory. PART I, MARITAL PROPERTY , has been amended in order to try to better match up the property and valuations of the plaintiff and defendant. The plaintiff, upon filing the affidavit, shall list the marital assets in the center column of the for m. The plaintiff should then provide the information concerning each asset on the left side of t he page under the heading "Plaintiff". When the affidavit is served on the defendant, the def endant will list, on the same form, the values of the assets listed by the plaintiff when it is agreed that the property is, in fact, marital. If defendant disagrees with the classification, a notation should be made beside the entry in question. If defendant has a ssets he/she deems to be marital which have not been listed by the plaintiff, these s hould be added at the end of the original column of assets with the information filled in on the right side (Defendant") of the form. Only Part I, Marital Property, has been amended as set forth above. The remaining "Parts" should be completed by listing the appropriate property in order of declining value. If your property for any subcategory does not fit within a specific subcategory, use the subcategory designated Miscellaneous Personalty." (7). If you need more sheets than originally given to you, obtain more from your attorney. (8). If you are not represented by an attorney, these rules apply equally to you and it is your responsibility to comply with these instructions. You must file the typed original and two copies of your affidavit with the appropriate designated Clerk of Su perior Court as provided in Section II of the 30th District Local Rules for Equitable Distribution. (9). Omissions or misstatements of fact in your affidavit could con stitute perjury and may subject you to sanctions by the Court. LEGEND FOR ABBREVIATIONS USED ON FORMS NO. NUMBER ORIG. ORIGINAL FMV FAIR MARKET VALUE DOS DATE OF SEPARATION DOM DATE OF MARRIAGE H. HUSBAND W. WIFE INHT INHERITED AMT. AMOUNT 2 American LegalNet, Inc. www.USCourtForms.com