MBE Rules · Community Property

Van Camp Formula — SP Business, Market Growth

Van Camp v. Van Camp (1921) 53 Cal.App. 17

The rule

Where a spouse's separate-property business grows during marriage due primarily to the character of the capital investment rather than personal labor, the community is compensated only for the reasonable value of the spouse's services (community labor), and the balance remains separate.

In plain English

The Van Camp Formula is used to determine how much of a separate-property business's growth during marriage is considered community property. If the business's increase in value is mainly due to the investment rather than the owner's efforts, the community is entitled only to the value of any services provided by the owner during the marriage.

Worked example

A husband owns a tech startup as his separate property. During the marriage, the business grows significantly due to a large investment from a venture capital firm, not because of the husband's daily involvement. Under the Van Camp Formula, the community would receive compensation only for the reasonable value of the husband's work, while the remaining growth in value would remain his separate property.

Memory hook

Van Camp: Community gets paid for labor, but the business growth stays separate.

The trap

Students often confuse the source of business growth, mistakenly attributing it to personal labor rather than capital investment. This can lead to incorrect calculations of community property entitlement.

How examiners test it

Questions typically present a scenario involving a spouse's separate property business and ask for the division of its growth, requiring application of the Van Camp Formula to determine community versus separate property.

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