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the importance of well just property in
general in a divorce really kind of hits
on a couple of notes and one is
the valuation of that property
and then how that property is
characterized
and then how it will then be divided so
we work with a team of professionals
generally forensic accountants
valuation experts
reasonable compensation experts and
whoever else is necessary like an
industry-specific expert to come to what
we believe is the value of an entity
that’s related to it and then that’s
kind of the first hurdle and then the
second hurdle relates to
characterization
and characterization comes in in two
parts one being
is it community property or is it
separate property and when we’re talking
about community property we’re talking
about
was it acquired during marriage
was it acquired based off of the efforts
of either party during marriage then if
so should it be divided equally or
should it be divided in some other
manner and then that’s kind of the first
question of characterization the second
question is if it’s not community
property
and its separate property has the
community
gained an interest in that property so
we’re looking at efforts of uh the
spouses during marriage um or
that the community was relied upon to
increase that value of a business
sometimes we’ll see refinancing of a
real property sometimes we’ll see loans
that are taken out or personal
guarantees against the business where a
separate property business
might gain a community interest because
of those efforts and then once we’re
able to figure out what that
characterization is we we then need to
figure out what we’re going to do with
it so is it going to be awarded to one
spouse
like a law practice where one spouse
can’t operate the other the practice
because they’re not an attorney or is it
going to be sold or is it going to be
shared moving forward in some capacity
Los Angeles, CA family law attorney Marc Garelick explains the importance of characterization of property in a divorce.