Expert appraisal in divorce and property settlement

In a divorce process, the expert appraisal provides a reasoned value of the properties that are part of the common property. It is a technical tool that helps distribute goods, calculate compensation or hold a negotiation. Decisions on the economic regime, attribution of use or specific compensation correspond to the lawyer and the court.

Common situations

Liquidation of the community property

When there is common equity, the expert appraisal offers the technical reference on which to discuss the distribution or cash compensation between the parties.

Attribution of the use of the family home

In some cases, the valuation is combined with an analysis of the use of the property (indicative market rent, for example) to support agreements or allegations.

Purchase and sale between spouses or ex-spouses

When one party acquires the quota of the other, the expert report supports the price of the operation.

Scope of the report

• Description and verification of the property being visited.
• Applied and justified methodology, usually a comparative method.
• Reference date of the value.
• Reasoned assessment.
• Graphic documentation.

Value reference date

The date of the value is usually agreed upon with the lawyer according to the procedural moment: date of the lawsuit, the judgment or the settlement. This information must be confirmed at the beginning of the order.

Useful documentation

• Property deed of the property.
• Updated simple registry note.
• Cadastral data.
• Original sales contract if it is recent.
• Invoices for renovations or improvements if they have been made.

Prudence in legal matters

The attribution of the use of the family home, compensation for use, distribution of burdens or payment of the mortgage are legal issues. The expert report does not resolve them. Its function is to provide technical value that can be defended in court or in negotiation.

What this report does not cover

• It does not decide the distribution or the economic regime.
• It does not replace the lawyer or the attorney.
• It is not a bank mortgage appraisal.

Next steps

• Please refer to the general process.
• Prepare the necessary documentation (help center).
• discuss your case from the help form or the contact page.