Encinitas, CA asked in Divorce for California

Q: Does sole propriet. construction co. become a divided partnership in divorce?investments made elsewhere are comm. prop

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1 Lawyer Answer
Scott Charles MacCabe
Scott Charles MacCabe
  • San Juan Capistrano, CA
  • Licensed in California

A: Though there are many facts that need to be discussed with you on this question, I would say that your construction business is separate property in your mind because you started it before marriage - but working during the marriage has given the business a mixed asset nature. Your community labor has added value to what was separate property, so your wife has a claim under the Pereira - Van Camp theories. Please consult with a local attorney so all the facts can be discussed and the case pursued accordingly. You will likely need a forensic accountant also.

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