A significant factor in community property division in a dissolution/legal separation or domestic relations partnership is the date of valuation for the parties’ assets and debts.
CALIFORNIA FAMILY CODE§ 2552, states that:
(a) For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision (b), the court shall value the assets and liabilities as near as practicable to the time of trial.
(b) Upon 30 days' notice by the moving party to the other party, the court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner.
If the community property includes commodities or securities with significant price fluctuation the court can take an average to figure the value and/or the parties can have experts testify as to the value. The parties are also free to stipulate as to the value of said items.
You should consult with an experienced Orange County Family Law Attorney; therefore, call Yanez & Associates for a free consultation 714-971-8000.
