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Business owner divorce can involve complex legal issues and heated disputes regarding assets, property division, and spousal percentage of business ownership. Therefore a business must be identified as separate property, marital property, or commingled property and valued correctly. Our seasoned Napa business owner divorce attorney is here to walk with you throughout the whole process.
At the Schoenberg Family Law Group, P.C., our attorneys are:
Contact the Schoenberg Family Law Group, P.C. to handle the sophisticated legal aspects of securing or dividing your business. You deserve the best representation available.
Let the Schoenberg Family Law Group, P.C. protect your legal rights and business assets throughout your divorce. Our business owner divorce attorneys will prepare the best case possible for you, whether that means:
Speak with a business owner divorce attorney from the Schoenberg Family Law Group, P.C. to take charge of your divorce matter today.
California is a community property state. Therefore, business owners are subject to an equal division of their business interests in a divorce if those interests are marital property. Before any business division in a divorce, it must be determined if a business is community property or separate property.
Assets and property acquired before marriage or after the date of separation are separate property. Any business started or acquired with marital assets is community property.
If a business began prior to marriage and continued after marriage, any increase in value is community property and should be apportioned appropriately. How the increase in value is assigned will depend on whether the business value increased due to the overall market or the labor and efforts of the other spouse.
If the business is a private practice like a law firm or medical practice, the spouse who is licensed to provide the services in the practice will retain control over the business. Otherwise, the business would fail.
When both spouses run a business, one spouse will likely need to prove they are the primary driving force behind the business to take ownership. Regardless, the business needs valuing, and any part of the business found to be marital will be divided by the court.
Valuing a business can require the help of a certified public accountant and other business professionals. Both present and future earnings, debts, and assets are considered to come to a determination.
If you or your spouse owns a business and is facing a divorce in Napa, consult with an experienced business divorce owner attorney at the Schoenberg Family Law Group, P.C. We have decades of experience in multi-faceted divorce cases, including business valuations in California.
Contact us to schedule your appointment with a professional at the Schoenberg Family Law Group, P.C. today.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel