Divorce is referred to as "dissolution
of marriage. It results in the same thing as
a "divorce" in other states: the marriage
is ended and the parties are free to remarry.
Allocation of business interests. Allocation
of a business interest or a professional practice
is a complex task: one of the issues is what
is the value of the business interest or professional
practice. Ascertaining the value of the practice
is a complex issue, and there is a discussion
of that issue on the business valuation page.
A second issue is how the community estate's
interest versus the separate estate's interest
is to be allocated.
Without expert testimony about what a fair
rate of return is, this will be deemed interest
at the legal rate. An alternate approach is
to first determine the reasonable value of the
community's services (in other words, what could
the business have paid if it went out on the
market to pay for someone to do the same work
as the spouse who worked in the business). After
the reasonable value of the services is determined,
then the balance of the increase in value is
allocated as separate property.
George and Company can assist in this areas.