§3.04 Dividing Family Business

When the asset at issue is a family business that you find either party is capable of operating, and each party seeks its award and can purchase the other's share, a sale to a third party should not be ordered. Although the business may be difficult to value in this situation, it is usually an abuse of discretion not to award it to one of the spouses. [Marriage of Cream (1993) 13 CA4th 81, 89-90.] However, if only one spouse has the ability to run the business, you must award the business to that spouse. [Marriage of Burlini (1983) 143 CA3d 65, 70-71.]