Asset Identification & Valuation

The Webb Family Law Firm, PLLC, has considerable experience with complex divorce and the division of sophisticated assets. Business owners, professionals, and high-net-worth individuals need counsel who understands the importance of complete identification and reliable valuation.

Asset Identification and the Inventory

In any divorce, the property division process includes identifying and valuing the marital estate. When a couple has complex assets, the process typically requires help from lawyers, accountants, appraisers, and other experts. An inventory and appraisement may be required and should identify real and personal property, liabilities, claimed characterization, and values.

Property Tracing

Property possessed during divorce is presumed community property unless separate character is proved by clear and convincing evidence. If ownership is disputed or separate and community funds have been commingled, records may need to trace the asset to its acquisition, source funds, later exchanges, and changes in form.

To accomplish this, we may work with forensic accountants, financial professionals, appraisers, and investigators. The correct tracing method and evidence depend on the asset and available records.

Valuing Marital Assets

Complex assets such as businesses, investments, mineral interests, trusts, compensation rights, and offshore accounts can be difficult to value. Depending on the estate, professionals may include:

• Business valuation professionals and industry experts
• Real estate appraisers
• Appraisers of art, jewelry, antiques, and vehicles
• Oil and gas valuation experts
• Financial experts for securities, investments, insurance, and compensation
• Tax professionals and economists

The valuation date, governing agreements, marketability, control, taxes, debt, and contingent rights may all affect the final analysis.

Incomplete Disclosure and Hidden Assets

When disclosure appears incomplete, formal discovery, subpoenas, depositions, public records, entity records, and forensic analysis may help locate or explain missing property and transactions. The investigation should be targeted to credible concerns and coordinated with the deadlines and evidentiary requirements of the case.

Once assets have been identified and valued, we generally begin with negotiation or mediation. In many cases, the parties benefit from controlling the structure of the settlement. When agreement is not possible, we are prepared to present the evidence at trial.