Legal Question in Family Law in California

Good question. You are entitled to some of the interest in the partnership as community property. There is not enough information to say whether this is her separate property business or community property business, depends on whether she funded the business with SP or CP. Nonetheless, if she worked in the business as a partner and drew any kind of income from it, whether it is salary, stock, etc., you are entitled to half as community interest. Not only that, you may be entitled to some of the interest in the partnership itself. The court will use two different formula to ascertain your interest in the partnership, Pereira or Van Camp, one is pro CP and the other pro SP, respectively. You should consult a family law attorney in your area to figure it out.

Hong lushi is correct that it would require more information to determine whether there is a separate property interest in this business. He is also correct that any compensation she has been paid by the business is community property. He is not correct, however, that the court will necessarily use the Pereira or Van Camp formula to determine your interest in the business itself. ONLY if the business is separate property of your wife, that was increased in value by her work for the business during the marriage, would that analysis be required. In other words, unless she funded the business with separate property, either assets she had before the marriage, or gifts and inheritance after, her whole interest in the business is community property and you would be entitled to half the value of her share of the business.