CALIFORNIA FAMILY LAW
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Business Interests
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Valuation Issues
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Factors to Consider/Elements
............Covenant Not to Compete
4 Cards On This Topic:
Improper to consider hypothetical covenant not to compete in valuation of business if immediate sale not expected.
Actual covenant not to compete properly considered when evaluating c/p's interest in sales proceeds of business.
Hypothetical probability H would have to sign long-term employment contract if company sold not a valuation factor court required to apply to achieve equal division of existing c/p.
Court may do valuation based upon seller's giving covenant not to compete.