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California Law - Examples In professional practices, such as law firms, accounting firms, and medical practices, the courts tend to say that most of the increase in value was due to the work of the party or parties during the marriage, and so is community property. That would make it subject to division, largely on a 50/50 basis. In the case of rental property, where the real work was done by a management agency, the courts would tend to attribute most of the appreciation to return on capital. Cases: Kilbourne (1991) 284 Cal Rptr 201, 232 Cal App 3d 1518 (valuing a law practice). Imperato (1975) 119 Cal Rptr 590, 45 CA3d 432 (describes the two methods of valuing a business interest). Folb (1975) 126 Cal Rptr 306, 53 CA3d 862 (in a land development business, the court concluded that the separate property was limited to the original value, increased by 12% a year; the rest was due to the husband's efforts and therefore was community property). Lopez (1974) 113 Cal Rptr 58, 38 CA 3d 93 (most of value is community property). Beam v. Bank of America (1971) 98 Cal Rptr 137, 490 P. 2d 257, 6 C.3d 12. Price (1963) 31 Cal Rptr. 350, 217 CA2d. 1 (the business's value as of the date of the marriage is separate).
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