On the surface, it seems so simple—just divide the community property assets in half. But it is hardly ever that simple. Property division—there is no area of family law that is more complex or where having experienced, aggressive representation pays higher dividends.
The assets in a marital estate range from something as simple and straightforward as a bank account to something as complex as intellectual property, an unqualified pension plan, or a closely held business. Initially, a determination must be made as to whether each asset is separate property, community property, or, using a variety of legal theories, a combination of both.
Assuming a community property interest in an asset exists, the interest must be valued, taking into consideration a variety of valuation theories and factors. Valuing a business is particularly problematic. Among the factors that must be considered are reported and unreported income, seasonally adjusted before-tax and after-tax cash flow, marketability, the value of the underlying business assets, and the value of the business’ goodwill.
Characterizing, tracing, and valuing problem assets are probably the expertise for which this firm is most well known.
- Property division—there is no area of family law that is more complex or where having experienced, aggressive representation pays higher dividends.