holding that a professional degree or license is separate property but professional goodwill of a business earned during marriage is community property
How later courts described this case
- holding that a professional degree or license is separate property but professional goodwill of a business earned during marriage is community property
- a right granted by a government agency subject to use and transferability restrictions is not a property interest
- husband’s medical license and board certificate are not property subject to division, but education is a factor to be considered in arriving at equitable property division, maintenance, and child support
- there exists no “rigid and unvarying rule” for the family court’s determination of the value of goodwill and “each case must be determined on its own facts and circumstances”
Written by the judges who cited it.
The opinion
FROEB, Judge,
specially concurring; dissenting in part:
I concur with the rulings, but not necessarily the reasoning and exposition, of the majority on all issues except the issue of goodwill of the professional corporation. As to it, I would uphold the decision of the trial court finding that there was no goodwill value to the husband’s professional practice.