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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.

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.

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.

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.

Valuation Confirms Salability of ‘Unique’ Restaurant’s Goodwill

State high court rejects per se extension of personal goodwill concept to nonprofessional businesses and finds in case at issue restaurant’s valuation indicates goodwill is marketable and thus corporate and subject to marital distribution.

Brave v. Brave (II)

State high court rejects per se extension of personal goodwill concept to nonprofessional businesses and finds in case at issue restaurant’s valuation indicates goodwill is marketable and thus corporate and subject to marital distribution.

Can a Restaurant Have Personal Goodwill?

State appellate court finds “professional license goodwill” exception, which treats personal goodwill as professional spouse’s separate property, applies to “unique,” successful restaurant and directs trial court to determine how much of the business’s go ...

Hard Asset Value Best Captures Worth of Family Business

In divorce case, appellate court upholds classification of a family business as hybrid property, entitling the community to the increase in value that came about during the marriage; and, it validates the trial court’s decision to rest its valuation on th ...

Brave v. Brave (I)

State appellate court finds “professional license goodwill” exception, which treats personal goodwill as professional spouse’s separate property, applies to “unique,” successful restaurant and directs trial court to determine how much of the business’s go ...

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 ...

Starling v. Starling

In divorce case, appellate court upholds classification of a family business as hybrid property, entitling the community to the increase in value that came about during the marriage; and, it validates the trial court’s decision to rest its valuation on th ...

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 ...

Schuman v. Schuman

State high court says appeals court erred in classifying wife’s stock awards as separate property based solely on vesting; stock awards are form of deferred compensation, like retirement benefits, and are acquired “when they are earned, and not at the time of receipt, vesting or exercise.”

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