Legal Question in Family Law in California

Re: Business share

You half of the business is community property. The court can value the business as of the date of separation or the date of trial depending upon the facts. Without an agreement it will be very difficult for you to handle this without an attorney because there are complex issues. I would suggest that you consult with an attorney before beginning the negotiation process, he may be able to give you some very good ideas. Good Luck, Pat McCrary

Reply: Business share

The business is presumed to be community property because it was started during the marriage. The presumption is a rebutable presumption. If you can trace your separate property funds going into the business you can preserve your separate property interests. The business can be valued at time of trial, date of separation or some other date if you file the appropriate motion first. The fact that her name is not on the business or that she did not "contribute" is of no consequence. This is a tricky area of the law and you will benefit from having an experienced family law lawyer represent you.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: Business share

There are a number of questions to answer, but if you were married seven years ago, the short answer is yes but there can be many mitigating factors. You need to either make a marriage settlement agreement with her informally or get a lawyer. The agreement is very much of a negotiation and you can informally come to an agreement as to all aspects of the dissolution i.e. spousal support, child support ect. But, if you think your ex-spouse in not going agree with you as to what you think is reasonable, then you need a lawyer ASAP.

Good luck-Martin

Re: Business share

From what you say, it appears that the business would be community property, half of which belongs to your spouse.

S. Werbel