Why attorneys order a divorce appraisal
When a marriage ends, the court divides the community estate. California Family Code section 2550 provides that, absent a written agreement or a stipulation in open court, the court divides the community estate equally. To divide a home, someone has to say what it is worth, and two competing estimates stall a negotiation.
A written appraisal from a neutral appraiser gives the parties and their counsel one set of facts. It does not decide the division and says nothing about how a court will rule. It replaces opinion with documented evidence of value, which is what an attorney needs to advise a client.
What the attorney provides
The order is cleaner when the attorney supplies these points up front:
The property address and how access will be arranged.
The valuation date, agreed with the other side or set by the court.
Who ordered the report and who may receive it.
The intended use, for example settlement negotiation or mediation.
Any relevant documents, such as prior appraisals or a list of improvements.
Section 2552 of the Family Code provides that the court values assets as near as practicable to the time of trial, and that on 30 days' notice and good cause it may value them at a date after separation and before trial. That is why the date belongs on the list: it can change by agreement or motion, and the report must match it.
What the report contains
The report states the scope of the work, the valuation date, the intended use and users, the property description and the comparable sales. It explains the adjustments between those sales and the property. It also states the limiting conditions, which tell a reader what the conclusion depends on. An attorney can walk a client through it page by page.
How Randy M. Sonns fits in
Randy describes the role on his divorce appraisal in Los Angeles page as a reliable third party who works with your attorney. He inspects the home's condition, upgrades, layout and site, analyzes recent comparable sales and delivers the written report electronically, following the five steps published on his residential appraisal page. Whether an attorney recommends a particular appraiser, or a court accepts a particular report, is a matter for you and your attorney.
Where to go next
If the property is in Pasadena, read how Pasadena attorneys use divorce appraisals. To see how the report is used before a settlement, read why you need an appraisal before a divorce settlement. To see how it is used in mediation, read how appraisals support divorce mediation.
Frequently asked questions
Does the attorney or the appraiser choose the valuation date?
The parties agree it with counsel, or the court sets it. The appraiser applies the date given and states it on the first page of the report.
Can both spouses receive the report?
Yes, if the order names both as recipients. Decide that before the visit so the report states the intended users correctly.
Does the appraisal decide who keeps the home?
No. It states a value as of a date. The spouses, their attorneys or the court decide the division.
How soon should an attorney order one?
Early enough that the value is available for negotiation. The visit and report take time, so ask the appraiser for the schedule when you order.