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Texas Law - At What Date Do We Value the Business? The business will generally be valued at the trial date, unless there is a very good reason for using another date. So if, for example, the operator of the business has trashed it since the separation, the court might use the separation date to value the business. Or, if the business has soared since separation thanks to the efforts of one spouse, the court might reward the hard-working spouse by using the separation date, with its lower value, as the date the business is valued. Cases: Grossnickle (1996) 935 SW2d 830 (generally, community assets are to be evaluated as of the time of the divorce, and subsequent increases in value are separate property). Parker (1995) 897 SW2d 918 (valuation date may be date of divorce or date property is divided, in the trial judge's discretion). Finch (1992) 825 SW2d 218 (court was proper in considering an appraisal of real estate that had been made one year prior to the divorce in determining the land's value; this was in the discretion of the court).
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