Respond to a request for property control
If you were served a Request for Order (form FL-300) asking for control of your property, this means that you have a court date where a judge will make a decision about whether you or your spouse (or domestic partner) can control that property or must pay a debt.
Before you start
Read the Request to figure out what your spouse or domestic partner is asking. Usually, this means who gets to use a car, live in your home, or pay a bill.
If you don’t respond, the court may make a decision without your input. You can respond by filling out and filing a form with the court.
How to respond to the request
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Fill out forms
Use the Responsive Declaration to Request for Order (form FL-320). This forms lets you tell the judge and your spouse if you agree or disagree with the request and why.
For property control, fill out items 5 and 10.
In item 10 “Facts to Support” you can explain, by giving facts, your side. If you need more space, check the box that says “Attachment 10.” You can use Attached Declaration (form MC-031) to write the facts that support your response.
Write down the facts, not just opinions, that support what you’re telling the court. If there is a document that supports what you say, attach that to your response.
An example:
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You write that you should have use of the car because you need it to get to work. Your spouse could more easily use public transportation. You could provide the addresses of where you each work along with a printout of the bus schedule and routes.
Be sure to black out any private information like a Social Security number or account numbers.
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Attach documents to support your case
Sometimes it's important to have documents that support your case. If you have any, you can attach copies or file these with your request so the judge can consider them at the hearing.
- Examples of documents to support your case may include things like receipts or bills
- Black out any private information like a Social Security number or account numbers
- If there is a witness (someone who saw or personally knows something), you can ask them to write and sign a statement that says what they know. Learn more about witness statements.
If you don't have these ready now, you can file them later.
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Make copies of your forms
After you’ve filled out, signed, and dated the form, make 2 copies.
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File your forms
To file your form with the court, give the original and the 2 copies to the court clerk. The clerk will keep the original and will stamp the copies and return them to you.
Yes. Send the original and 2 copies to the attention of the clerk. You need to include a self-addressed stamped envelope so the clerk can mail your copies back to you. If you don’t, you will have to go to the courthouse to pick up your copies.
Some courts allow online filing (called efiling). You can find out if your court has online filing by visiting your court’s website.
Respond to a Request for Order
What's next
Once you’ve filed the forms, the next step is to serve the forms to your spouse. You can serve these by mail.