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Who Orders A Divorce Appraisal?

Published on December 2, 2024

Who Orders A Divorce Appraisal?

In a divorce, a real estate or asset appraisal can be ordered by either spouse, both spouses together, one or both attorneys, or, if necessary, by the court itself. Who actually makes the call often depends on how cooperative the spouses are and how the case is being handled (negotiation, mediation, or litigation).

Typical Ordering Parties

In an amicable or negotiated divorce, the spouses often agree to hire one neutral appraiser jointly, and either spouse can technically place the order as long as both consent to using that appraiser. In more contested situations, each spouse may hire and order their own separate appraisal so that each side has independent evidence of value.

Role Of Attorneys And Courts

Divorce lawyers commonly arrange appraisals on behalf of their clients, coordinating directly with the appraiser and using the report as part of settlement negotiations or trial strategy. If the parties cannot agree on an appraiser or a value, a judge can order an appraisal and may appoint a specific appraiser whose report the court will rely on as evidence.

Who Usually Pays

The cost is often treated as a divorce expense and split between the spouses when they jointly agree on a single appraisal. If one spouse insists on a separate or additional appraisal (for example, to challenge the first value), that spouse is usually the one who orders and pays for that extra report.

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