In valuating an interest in his law partnership, the trial court erred in taking into account the tax consequences which might result to the husband in the event he subsequently decided to convert the item into cash, and in reducing the current value of the item accordingly. The court reversed. In re Marriage of Fonstein (1976) 17 Cal.3d 738, 742. The same reasoning was held in Weinberg v. Weinberg (1967) 67 Cal.2d 557. There, no reduction in award for tax obligation which would have been incurred had the stock been sold. Ibid. 565.
It is quite common in divorces for one spouse to request a buy out of the community property residence. If granted, can the Court order real estate broker fees and an offset to the buying spouse in the event of a speculative sale of the real property at some unknown date? The answer is emphatically, no. The buying spouse would need to show immediate and specific consequences from a sale; in other words the property would be sold immediately after the transaction making it the buying spouse’s separate property.
When it comes to a divorce and property issues are at stake, you need a highly skilled attorney as your advocate and adviser.
Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.
* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law. Robert D. Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California. Robert Rodriguez has practiced in the State of California Court of Appeal.
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