Summary
Virginia continues to apply the intrinsic value standard for equitable distribution cases rather than fair market value. The case reaffirmed that the burden of proof shifted once the nonowner spouse showed contributions and an increase in value. Also, the court accepted an income approach valuation that excluded debt (the EIDL loan) because the expert testified that the income method did not require adjusting for it.
Marhoum v. Fekkak
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See Also
Intrinsic Value and Marital Contributions: Virginia Court Affirms $800,000 Valuation of Closely Held Business in Equitable Distribution
Virginia continues to apply the intrinsic value standard for equitable distribution cases rather than fair market value. The case reaffirmed that the burden of proof shifted once the nonowner spouse showed contributions and an increase in value. Also, the court accepted an income approach valuation that excluded debt (the EIDL loan) because the expert testified that the income method did not require adjusting for it.