Papin v. Papin

BVLaw
Full Text of Court Cases
December 20, 2019
6282 Investment Advice
523930 Investment Advice
marital dissolution/divorce
expert testimony, appreciation, separate property, community property

Papin v. Papin
2019 Ida. LEXIS 240; 2019 WL 6974276
US
State Court
Idaho
Supreme Court of Idaho
David M. Smith (husband/appellant); Terri R. Gazdik (wife/appellee)
Moeller

Summary

High court upholds classification and valuation of husband’s investment management business, noting business consists of book of business, which can exist without owner, and owner’s skills and expertise, which are his separate property; proceeds from sale of book of business are community property.
Papin v Papin
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See Also

Trajectory of Owner’s Investment Management Business Raises Characterization and Valuation Issues

A complex divorce case in front of the Idaho Supreme Court featuring an investment management business that the husband had set up before and sold during the marriage raised noteworthy issues about the nature of the business and the characterization and valuation of its various components (book of business vs. owner’s skills). A related flashpoint was whether the nonowner spouse was entitled to any appreciation (enhancement) in the value of the business that occurred ...