CALIFORNIA FAMILY LAW
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Community Property Issues
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Valuation Date
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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.