Here, the partnership agreement said that
the partner who left the law firm would have the right to take his own capital
account and his share of the profits of the year. The Trial court ruled to
follow the partnership agreement. Wife asserted that the result of following
the partnership agreement would be underestimation of their community property.

She asked a competent public accountant to valuate Husband’s law practice. The Court
accepted. By the accountant, the value of Husband’s law practice would be about
$44,000 including his goodwill. Wife contended that the Goodwill must be included
by the accountant calculation. Husband rebut that in case of Aufmuth, the
Goodwill would not be included in withdrawal right. The Court held that
according to the Lopez case, the withdrawal right must not be followed by
partnership agreement but consider other factors. The Court found that the
Goodwill of Husband was about $10,000, which must add to his community
interest. Husband contended that the Trial Court made a mistake because his law
practice was evaluated as date of his leaving the law firm. The Court of Appeal
found that the Trial Court did valued exactly from the date of their

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