valuation issues with small businesses

Many divorces involve the valuation of a small business.  It is not uncommon for spouses to co-own a small business or for one spouse to own a small business.  In the course of the divorce proceedings that business has to be valued so that its value can be taken into account as part of the overall division of assets.  Usually the business is the single most valuable asset of the parties which means that its value can be the single most important issue in the case.

There are a few specific issues that arise in business valuations.  There are clear standards for the business valuation process and case law specific to how businesses are valued in Oregon.  The business valuation expert can assist with the help of the lawyer to make sure that the client understands the ins and outs of the valuation process, including its value. 

The most difficult issue can be the compilation of discovery and business records relating to the business.  The valuation expert can assist the attorney and client in deciding which records are crucial so that this process can be as efficient as possible, including providing the lawyer with assistance in the deposition and trial testimony preparation phase of the case.

It is crucial that your lawyer both understands business valuation issues and assists you in choosing a highly qualified business valuation expert.  The lawyers at Stephens Margolin pride themselves on assisting clients through this process.

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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3 Responses to valuation issues with small businesses

  1. Kim says:

    What about business valuation in opposite sex domestic partner dissolution?

    • Kim:

      The Oregon Family Fairness Act only covers same sex domestic partners. If you could establish the existence of a common law domestic partnership, and there was intent during the partnership that the business be treated as a joint asset, an evaluation would be helpful to the court.

  2. Business valuation can be very costly. You will want to make sure that you choose a qualified expert to do the job in order to ensure that it gets done efficiently.

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