Valuation of a Business or Professional Practice in a Divorce

The Valuation of a Business or Professional Practice in a Divorce

Pierre Domercq Professional Practice & Business Ownership

The valuation of a business or professional practice in a divorce in North County or Carlsbad is not simply the fair market value of the business, or the price a “willing” seller would pay a “willing” buyer.  It is a complex calculation involving several factors including the fixed and real assets of the business, as well as income and Goodwill. …

Will I Have to Sell My Business Because of Our Divorce

Will I Have to Sell My Business Because of Our Divorce in North County?

Pierre Domercq Professional Practice & Business Ownership

A common concern among business owners is how the business itself or a professional practice will be handled in a divorce. You may wonder “Will I have to sell my business because of our divorce?” Business or professional practice valuation and the division of the community property interest in a Carlsbad, Vista or Carlsbad divorce case are very complex legal …

What Happens to Your Business During a Divorce

What Happens to Your Business During a Divorce

Pierre Domercq Professional Practice & Business Ownership

What happens to your business during a divorce in Carlsbad, Encinitas, Oceanside or anywhere in North County San Diego? Generally speaking, the spouse who has the ownership interest in the business must buy out the community property interest of the non-ownership spouse.  When both spouses are working together sharing joint interest of the business there are three likely outcomes: 1. …

Spouses Co-Own a Business in a North County Divorce

What Happens When Spouses Co-Own a Business in a North County Divorce?

Pierre Domercq Professional Practice & Business Ownership

What happens when spouses co-own a business in a North County divorce? There are many spouses who purchase a business together, and work side-by-side to make the business successful. What happens to this business in the event of a divorce? The key to these answers lies with the parties themselves.  Is the business viable without one or both of the …

Process of Business Valuation in a Carlsbad Divorce

What is the Process of Business Valuation in a Carlsbad Divorce

Pierre Domercq Professional Practice & Business Ownership

What is the process of business valuation in a Carlsbad Divorce?  Why is the valuation of a business or professional practice often such a contentious issue? We’ll begin with the second question first.  All “community” assets of the couple must be divided during a divorce.  If the business or professional practice is in whole or in part community property, the …

Do I Have to Give Up Half of My Business in a Divorce

Do I Have to Give Up Half of My Business in a Divorce?

Pierre Domercq Professional Practice & Business Ownership

Do I have to give up half of my business in a divorce?  Many business owners and licensed professionals are justifiably concerned when approaching a divorce in North County or Carlsbad.  How will your business or professional practice be handled during the divorce?  What is the best strategy to protect your interests and the ongoing success of the business or …

How is a business valuation determined in a North County Divorce

How is a Business Valuation Determined in a North County Divorce?

Pierre Domercq Professional Practice & Business Ownership

How is a business valuation determined in a North County Divorce? How is a business or professional practice handled in a Carlsbad divorce? The first question regarding a business or professional practice in a divorce will be the nature of the asset itself.  Is it “community property” or a “separate asset” under California law?  Generally speaking, property (including the ownership …

Goodwill Associated with a Business in Divorce

What is the Goodwill Associated with a Business in Divorce?

Pierre Domercq Professional Practice & Business Ownership

What is the Goodwill associated with a business in divorce and why does it matter?  Goodwill is a term which is generally associated with the intangible benefits one or both of the spouses bring to a community property owned business or professional practice. Goodwill is considered as a separate issue from the valuation of the business asset itself, or from …

Your Spouse's Valuation of Their Business in a Divorce

Don’t Believe Your Spouse’s Valuation of Their Business in a Divorce

Pierre Domercq Professional Practice & Business Ownership

You should never believe your spouse’s valuation of their business or professional practice in a Carlsbad or North County San Diego divorce.  Many businesses, LLCs, corporations and professional practices establish a value of an ownership interest in the corporate documents of the entity.  These values are usually fictitiously low and will not hold up to the scrutiny of a divorce. …