Divorce

How Real Estate is Valued in a High Asset Divorce

Real estate in a high asset divorce can pose many challenges.

A couple’s home is typically their most valuable asset. In many instances when a family is dividing, one spouse retains ownership of the primary residence. However, sometimes the ownership is split between two spouses and things can get complicated. More often than not, both parties may decide the best course of action is to sell in order to get access to cash quickly. This is where a real estate investment company like House Buyers of America comes in handy, as they offer a fast and hassle-free sale. Whilst some couples will choose to list their house with a real estate agent like usual, this understandably takes a lot longer, which puts some couples off. In fact, some couples might be so desperate to get it now that they try and find a local real estate auction taking place soon.

However, some divorcing couples own more than one home. In addition to making a decision about the main home, they must also come to terms with dividing multiple properties, which in turn could lead to them having to sell luxury homes to a potential new homeowner if both of them want to part ways with one or more of their properties. As is expected, the situation can get dicey and turn into a legal battle if they’re unable to reach an agreement.

It’s important to obtain an accurate value on any and all real estate in a marriage. This ensures the divorce settlement is fair to both spouses.

How do you value real estate in a high asset divorce?

There are three options:

Real Estate Appraisal

A real estate appraisal utilizes the expertise of a licensed appraiser. It’s one of the more expensive methods for valuing real property and might cost several hundred dollars. However, it ensures the valuation is complete and accurate.

In the long run, a real estate appraisal can save you a great deal of money and you can be confident the value is accurate.

Property values change over time, and there are many external factors that determine the value of a property as well (see this article on the property valuation process for new buyers for more information on value trends). If you use an older valuation when dividing assets in a divorce, it can cost you. For instance, let’s say you want to retain ownership of a home and the previous assessor’s calculation of the home was $650,000. The most recent appraisal value, though, puts it around $600,000. This is $25,000 less in equity you’d owe, but you’d never know that if you use the older valuation.

A real estate appraisal is a great tool for putting an end to any arguments over the value of any property. It brings in a neutral third party and alleviates any disputes that might be ongoing.

To learn more about getting a fair appraisal, check out this article from Total Mortgage.

Comparative Market Analysis

A comparative market analysis is another option for appraising the value of real estate.

It costs less than a real estate appraisal and can be done by a realtor. It provides you with the fair market value of your home by comparing it to other recently sold or for-sale homes in the area.

It’s less accurate than a real estate appraisal because it does not take into account the specific details of your property. However, it gives an up-to-date general value that can help you with negotiating.

Self-Appraisal

If you want to avoid any cost associated with a real estate appraisal, a self-appraisal is a good option.

Self-appraisals are done using an internet search to assess a home’s value. The court does not consider this an accurate home valuation. This means if there is a dispute over the result of a self-appraisal, you’ll likely be ordered to use a comparative analysis or real estate appraisal.

A self-appraisal might be the right tool if you and your spouse are mostly in agreement over the value of the home.

Benefits of Having an Accurate Value on Property in a High Asset Divorce

An accurate appraisal is an important part of dividing property in a high asset divorce. It ensures both spouses are treated fairly and that spouses who do not retain ownership of unsold property are compensated adequately.

If you’d like to know more about valuing real estate in a high asset divorce or you have questions in general about divorce, contact Gourvitz & Gourvitz, LLC at (973) 467-3200 or (212) 586-1700.

Recent Posts

Gourvitz Firm Prevents Deportation of Children to Germany in Federal Court Victory

The Gourvitz Law Firm has once again secured a significant legal victory in federal court,…

2 months ago

Ari Gourvitz Secures Child’s Return Under the Hague Convention Despite Challenging Circumstances

In a complex and emotionally charged case, Ari Gourvitz of Gourvitz & Gourvitz, LLC successfully…

2 months ago

Gourvitz Firm Thwarts Attempt to Return Child to Brazil

In a recent case handled by the Gourvitz Law Firm, a father's attempt to force…

2 months ago

Successful Hague Convention Case: Child Returned to Bulgaria After Unlawful Removal to New Jersey

Bulgaria-Ari H Gourvitz, Esq was retained by the Petitioner who sought return of his daughter…

2 months ago

Father’s Heartfelt Decision: Allowing Daughter to Stay in the U.S. for Ballet School After Hague Petition

Denmark-Gourvitz & Gourvitz LLC was retained by a Petitioner initially seeking return of his fourteen…

2 months ago

GOURVITZ FIRM HAS US COURT OF APPEALS FOR THE 2ND CIRCUIT AFFIRM RETURN OF TWO CHILDREN TO NORWAY TO BE REUNITED WITH THEIR FATHER

On December 3, 2019, Ari H. Gourvitz, Esq., argued before the 2nd Circuit Court of…

5 years ago