Tracing Separate Property Assets in a Divorce

Often we help clients substantiate their separate property assets for California divorce purposes.  Our June 2013 newsletter on this topic outlines our approach to these projects.  Generally, to receive separate property in a divorce you first need to provide documentation showing you owned the asset before marriage, or you inherited them during the marriage and secondly you need to trace them from their original form (such as 100 shares of Apple) to their current form (such as cash, stock, real estate, etc.).  Without a document trail, assets are considered community property and divided.  Please see our newsletter for additional information on this topic.  Newsletter on Tracing Separate Property Assets in a Divorce.

Does the Business Really Need to Be Appraised?

Occasionally I receive phone calls from people asking me if it is worth having their business appraised.  I usually start by asking a few questions about the business:  What type of business is it?  How long has it been around?  How many employees does it have?  What equipment and assets does it own?  By raising some of the issues that might be involved, I try to walk you through what we may encounter as we move forward.  The difficulty lies in the fact that the value of the company cannot be determined until I review the company’s last five years of tax returns, its equipment listing, interview its management at their location, and write a report.

Unfortunately, it is not possible to value a business without going through these steps.  If we cut corners to value the company, it could come back to haunt everyone later and most likely at the worst time, such as a few days before trial or when you are in settlement negotiations.  I understand people just want a quick answer, but odds are if you are calling me you need a solid valuation to put an issue to rest.

Please call me if you have a valuation issue you would like to discuss.  I am happy to answer your questions and provide you professional advice.