CALIFORNIA FAMILY LAW
...Community Property Issues
......Valuation Date
.........Possible Valuation Dates
............Date of Separation
7 Cards On This Topic:
  • Cases approving date of separation valuations.
  • Where FMV primarily due to owner's personal services, small contracting business should be valued at date of separation, rather than date near trial.
  • Where H largely responsible for success of company, court may value as of date of separation.
  • Cannot value family residence as of separation date in order to compensate custodial parent for insufficient child support.
  • Alternate valuation date approved if other party has mismanaged assets under his/her control.
  • Mere passage of time alone insufficient to warrant alternate valuation date, especially where increase in value due to nonpersonal factors such as inflation and/or market fluctuations.
  • Alternate valuation date approved due to H's failure to produce records.