DID YOU KNOW BY ATTORNEY F.M. ZAVALA

Family Court’s Discretion in Dividing Business

A spouse who claims a separate property interest in a business or practice must prove that the business or practice was acquired or commenced before marriage or from a separate property source during marriage.

A trial court has broad discretion in dividing a community property business. Except when a professional practice is involved, which must be awarded to the spouse holding the professional license (see [a], above), the court is often faced with the dilemma of whether to order a division in kind or to award the entire business to one spouse and comparable community property to the other spouse.

Recent Posts

See All

DID YOU KNOW BY LOS ANGELES FAMILY LAW ATTORNEY F.M. ZAVALA

FINAL DECLARATIONS OF DISCLOSURE MAY BE WAIVED IN DIVORCE CASES (d) The parties may stipulate to a mutual waiver of the final declaration of disclosure, by execution of a waiver under penalty of perj

DID YOU KNOW BY FAMILY LAW ATTORNEY F.M. ZAVALA

WITNESS FEES FOR LAW ENFORCEMENT OFFICERS TESTIFYING IN FAMILY LAW DOEMSTIC VIOLENCE CASES IN RESPONSE TO A SUBPOENA Under Government Code section 68097.2, any peace officer, any firefighter, any sta

DID YOU KNOW BY FAMILY LAW ATTORNEY F.M. ZAVALA

Parental Rights in Custody Cases Under Family Code section 7635.5. In a Paternity case (Petition to Determine Parental Relationship), if the alleged father is present in court for the action, the cour

Post: Blog2_Post