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Court Adopts Appreciation Analysis That Places ‘Specific Dollar Value’ on Goodwill

In appreciation of value case, court agrees with wife’s expert that calculation of marital portion of wife’s interest in family business requires quantification of personal goodwill attributable to wife based on value of noncompete to potential buyer in arm’s-length transaction.

In Controversial Move, High Court Strikes Active Appreciation Rule

State high court says plain language of property distribution statute does not permit reclassification of nonmarital property as marital property under active appreciation doctrine; court invalidates doctrine and overrules body of case law applying it.

Court Rejects Bright-Line Rule for Valuing Appreciation of Nonmarital Assets

Marital estate only has claim to increased value of stock from company for which owning spouse works if nonowning spouse can show owner’s active effort “to move the appreciation value from the nonmarital category to the marital one,” appeals court affirms ...

Lay Testimony About Offer to Buy Represents Admissible Valuation Evidence

Appeals court says nonexpert testimony on a real-world offer to buy owner-spouse’s company was relevant and, therefore, admissible because it provided valuation evidence based on market approach; court remands for rehearing on all valuation testimony.

Florida court explores scope of active/passive appreciation

A Florida appeals court examines the issue of whether the increased value of stock from a company for which the owning spouse works can be a marital asset and subject to distribution.

Industry-specific empirical support for passive appreciation

A survey is open for respondents to indicate which industries they would like to see analyzed for economic causal factors and their elasticities in order to better determine passive appreciation in business assets in a divorce context. The resulting analyses will be published.

Moore v. Moore

State high court says plain language of property distribution statute does not permit reclassification of nonmarital property as marital property under active appreciation doctrine; court invalidates doctrine and overrules body of case law applying it.

Witt-Bahls v. Bahls

Marital estate only has claim to increased value of stock from company for which owning spouse works if nonowning spouse can show owner’s active effort “to move the appreciation value from the nonmarital category to the marital one,” appeals court affirms ...

Berger v. Berger

Appeals court says nonexpert testimony on a real-world offer to buy owner-spouse’s company was relevant and, therefore, admissible because it provided valuation evidence based on market approach; court remands for rehearing on all valuation testimony.

South Carolina Supreme Court Makes New Law on Business Goodwill

In a first, state high court “cautiously” decides enterprise goodwill is marital property subject to equitable division and affirms that personal goodwill is not; court rejects claim that only professionals can develop personal goodwill in a business.

Different Ways to Find No Claim to Enhanced Value of Nonmarital Asset

Appeals court says trial court erred in interpreting prenuptial agreement but reached correct result when it rejected wife’s claim to enhanced value of husband’s separate interest in car dealership by ruling appreciation in value was passive, not active.

Moore v. Moore

In a first, state high court “cautiously” decides enterprise goodwill is marital property subject to equitable division and affirms that personal goodwill is not; court rejects claim that only professionals can develop personal goodwill in a business.

Berg v. Young

Appeals court says trial court erred in interpreting prenuptial agreement but reached correct result when it rejected wife’s claim to enhanced value of husband’s separate interest in car dealership by ruling appreciation in value was passive, not active.

No Place for Asset Appraisal in Trust Dispute, Court Says

In trust dispute, appeals court affirms trial court’s exclusion of expert’s “asset appraisal and valuation,” finding business valuator’s approach for measuring damages was inconsistent with scope of the case, irrelevant, and not helpful to trier of fact.

Cartwright v. Jackson Capital Partners, Ltd. P'ship

In trust dispute, appeals court affirms trial court’s exclusion of expert’s “asset appraisal and valuation,” finding business valuator’s approach for measuring damages was inconsistent with scope of the case, irrelevant, and not helpful to trier of fact.

Community Deserves Profits From Separate Business Investment

Appellate court affirms trial court’s decision to apportion most of the stock sale proceeds the husband reaped during marriage in connection with a company he set up before marriage to the community under Pereira, finding that during marriage, he became t ...

Goldfarb v. Yelton

Appellate court affirms trial court’s decision to apportion most of the stock sale proceeds the husband reaped during marriage in connection with a company he set up before marriage to the community under Pereira, finding that during marriage, he became t ...

Court Subtracts Market From Asset Values to Determine Marital Appreciation: Error?

Divorce court did not err by using asset value to value husband’s separate business at the start of the marriage, and market value to measure the business at the end; the court was also correct in adopting an industry rate of return rather than an implied ...

Rozenman v. Rozenman

Divorce court did not err by using asset value to value husband’s separate business at the start of the marriage, and market value to measure the business at the end; the court was also correct in adopting an industry rate of return rather than an implied ...

Foreign-Educated Doctor’s Lost Earnings Computed in Personal injury Action

In Dr. Natheir Al-Hendawi v. Manjit Singh Sidhu, 2006 BCSC 522 (CanLII) (decided March 30, 2006), the Supreme Court of British Columbia calculated. the lost past and future earnings of a medical doctor resulting from an auto accident.

Dr. Natheir Al-Hendawi v. Manjit Singh Sidhu

In Dr. Natheir Al-Hendawi v. Manjit Singh Sidhu, 2006 BCSC 522 (CanLII) (decided March 30, 2006), the Supreme Court of British Columbia calculated. the lost past and future earnings of a medical doctor resulting from an auto accident.

More thorough analysis wins the day

In this marital dissolution case, the primary valuation issue was how much husband’s medical practice had increased in value.

Taaid v. Taaid

In this marital dissolution case, the primary valuation issue was how much husband's medical practice had increased in value.

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