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Court Looks to Owner’s ‘Proportionate’ Share in Business to Quantify Appreciation in Value

In quantifying marital portion of appreciation of owner spouse’s separate property, trial court relies on owner’s “proportionate” share in company but also considers expert testimony as to third parties’ efforts and owner’s role in generating revenue; court rejects passive factor analysis.

Herbert v. Joubert

In quantifying marital portion of appreciation of owner spouse’s separate property, trial court relies on owner’s “proportionate” share in company but also considers expert testimony as to third parties’ efforts and owner’s role in generating revenue; court rejects passive factor analysis.

Court values business counting only physical assets and cash

One issue in this marital dissolution case was the value of wife’s social security representation business.

In re the Marriage of Withers

Court errs in giving wife's business no value when it had physical assets and two checking accounts with balances. Business revalued at the sum of assets and checking account balances.

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