Active/Passive Appreciation in Divorce
BVR's Webinar Series
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- Overview: What is an active/passive appreciation analysis?
- Review of general divorce statutory regimes and how they impact whether and how an active/passive analysis must be performed
- Discussion of the close interaction necessary between legal and appraisal professionals
- Introduction of the case study fact pattern
- Identification of passive appreciation factors found in case law, practice, and learned treatises
- Illustration of passive appreciation factor determination, quantification, and allocation
- Identification of active appreciation factors found in case law, practice, and learned treatises
- Illustration of active appreciation factor determination, quantification, and allocation
- Consideration of shifting burdens of proof in performing active/passive appreciation analysis
- Review of similarities and differences between a business appraisal and an active/passive appreciation analysis
- Review of current professional literature and learned treatises related to performing active/passive analyses
- State when an active/passive appreciation analysis must be performed
- Describe the essential need for interaction with legal counsel to take into consideration varying state statutory and case law requirements and nuances
- Explain the current generally applied methods and processes used to perform a reliable active/passive appreciation analysis by working through a comprehensive case study
- Describe the shifting burdens of proof depending upon state law to efficiently and effectively manage cases
- Contrast the similarities and differences between performing a business valuation and an active/passive appreciation analysis
- List the current professional literature and learned treatises related to performing an active/passive appreciation analysis
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