Legal Question in Family Law in California

Re: If parent gift business to child does spouse get half of value

This can get complicated. First of all, if the son separated from his wife shortly after his father gave him the business, there will be no problem (assuming son never put his wife's name "on" the business.

Assume there was no transmutation of the business to community property and that son worked the business (devoted his time and labor) for a significant period, and that the value of the business has increased since marriage.

In that case, we would look to see what kind of business it is (capital- vs. labor-intensive). Then we would apply the appropriate formula (under either Van Camp or Pereira or something in between).

So, to answer your question: maybe yes and maybe no. I have insufficient information.

If the business has value, son should retain experienced counsel.