Business Valuations
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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation

San Jose, CA Business Valuation Attorney

High Asset Divorce Lawyer Serving Los Gatos and Monte Sereno

santa clara business valuation attorney

If you or your spouse owns a business, that business is likely subject to being divided as part of the marital estate. Businesses are different from many other assets during a high-asset divorce because they cannot always be sold or split apart without being damaged.

Divorce, Community Property, and Your Business

California is a community property state. This means that unless there is a written agreement about how the marital property should be divided, the value of the marital property must be divided equally. Each asset does not have to be split in half. Instead, the total value of all the assets must be calculated, and each spouse must receive assets equal to half of the total value. If the business was owned by one of the spouses prior to the marriage, the entire business might not be a marital asset. Only the increase in value from the date of the marriage may be subject to the community property laws.

The Importance of Proper Business Valuation

It is vital that the business is properly valued in the event of a divorce. If the entire business is marital property, then you need to know the value of the business and what portion of the value of the marital property the business is. This will help you plan for a way to divide marital assets while allowing the business to continue operating.

If the only part of the value of the business is a marital asset, you will need to know how much of the business value you will potentially need to divide. With over 35 years of experience, the Law Offices of Benita Ventresca is skilled in business valuation matters. We work with financial experts to make sure every asset and liability of the business is reported and that any increase in value after the marriage is properly documented.

How a Business May be Divided

Because a business can be a major part of the value of the marital property, figuring out how to divide the business without destroying its value can be complex. Some of the ways a business may be dealt with in a divorce include:

  • One spouse takes complete ownership of the business, and the other spouse is given an equal value of assets from the rest of the marital estate.
  • One spouse is given control of the business, and the other spouse is given a non-controlling interest in the business.
  • Selling the business and splitting the proceeds.
  • Selling part of the business and using the proceeds to pay the spouse not in control of the business. Not all businesses can be broken up in this way.
  • Both spouses are given a share in the business and run it together. This is rarely used and is only possible if the divorce is amicable.

If you are considering a divorce and you or your spouse has a business, contact us at 408-395-8822 today to schedule a consultation. The Law Offices of Benita Ventresca will make sure your rights are protected and the business is properly valued. Our offices are located in Los Gatos, and we serve San Jose, Monte Sereno, Saratoga, Cupertino, Santa Clara County, and throughout the Bay Area.

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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Call us for a free initial consultation

408-395-8822
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Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

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