Let’s face it, going through a divorce is an emotionally challenging time for everyone taking part. It involves many difficult decisions about the kids, investments and marital assets, including who gets the house. When it comes to the house and other real estate, the two most common choices are selling and dividing the proceeds, or one party can “buy out” the other. In either case, one or both parties will order an appraisal of the residence and other real estate holdings.
A divorce appraisal is not the same as your typical appraisal used for lending purposes. Some of the differences are:
- The divorce appraisal is likely to have a retrospective date of value, meaning the value of the property will be based upon a date in the past (perhaps the filing date, the date of marriage, the date of separation or the date of purchase) rather than the current date.
- In some cases the appraisal will provide both a retrospective value as well as a current value.
- Occasionally, in a divorce situation, the appraiser may be called upon to testify is count as an expert witness. As a witness, the appraiser may not be an advocate for either side of the proceedings, regardless of who may have hired him. The appraiser may only testify about the appraisal and the data/analysis contained therein.
- Since a divorce appraisal is not related to financing or lending, it does not have to comply with Fannie Mae guidelines (or UAD Guidelines).
- Typically, a divorce appraisal is completed on non-Fannie Mae forms such as the GPAR forms or it is written in a narrative format.
- In completing a divorce appraisal, the appraiser is bound the same confidentiality and USPAP requirements that he would be in completing a lending appraisal. That means that the appraiser cannot share information about the appraisal with any party other than his client and/or his client’s attorney, unless legally required to do so.
If you are going through a divorce or are an attorney or mediator and are in need of a divorce appraisal, market research or just have a general real estate value related question, please fee free to call 215.836.5500 or email firstname.lastname@example.org