A divorce appraisal is an appraisal of real property, usually the marital home, prepared so attorneys, mediators, or a court can divide or assign it in a divorce. The appraisal itself is ordinary market value work. What makes it different is everything around it: the effective date, who may rely on the report, and the real chance you will be asked to defend it.
This article is one piece of our guide on the main private assignment types. Related reading: the private appraisal engagement letter and how appraisers get estate and divorce attorney referrals.
Effective dates: let counsel set the date, then state it exactly
The valuation date in a divorce depends on the state, the court, and the facts of the case. It might be current, the date the complaint was filed, the date of separation, the date of trial, or a date the parties agreed to. Some matters need more than one value, for example a current value plus a value as of the date of marriage when someone is arguing about separate property or appreciation.
It is not the appraiser’s job to pick the legally correct date. Get it from the attorney or the order in writing, put it in the engagement letter, and state it plainly in the report. If the date is in the past, treat the file as a retrospective assignment: comparable sales and market conditions should reflect what was known as of that date, and any condition you cannot verify for that date may call for an extraordinary assumption that you disclose.
Intended users: decide on purpose, not by default
Divorce reports travel. A report ordered by one spouse’s attorney may end up in front of the other spouse, opposing counsel, a mediator, a forensic accountant, and a judge. Reading the report does not make someone an intended user, and the report should say who is.
Common setups include:
- Retained by one side. The client is usually the attorney or that spouse. The other side will likely hire its own appraiser or a reviewer.
- Joint retention. Both spouses, or both attorneys, engage one appraiser. Be clear on who the client is, who pays, and how communication works so neither side feels shut out.
- Court-appointed or neutral. The order often sets the scope and the users. Read it before you accept.
Whatever the setup, your role is the same. You are an independent appraiser, not an advocate. That holds even when the attorney paying you would like a different number, and it is the main thing that makes your report useful in court.
Access and inspection
Access can be the hardest part of the file. Often one spouse still lives in the home and the other is the one who called you. Agree in advance on who schedules the inspection and who may attend, and keep it professional and brief. Describe the property, not the people or the family situation. If you cannot get inside, talk with the client about an exterior-only scope or an extraordinary assumption, and disclose it, rather than quietly guessing at the interior.
Testimony: plan for it before you accept
Many divorce appraisals settle without anyone testifying. Some do not. You may be deposed, asked to appear at a hearing or trial, or asked to review the other side’s appraisal. Decide up front whether you take that work, and say in the engagement letter that preparation, depositions, and court time are billed separately at a stated rate.
A report written with testimony in mind is easier to defend. Clear reasoning for comparable selection and adjustments, a documented market-conditions analysis, and a tidy workfile matter more here than on almost any lender file. Remember USPAP’s record keeping rule as well: the workfile must be kept at least five years after preparation, or at least two years after final disposition of any judicial proceeding in which you testified, whichever period ends later.
Why this work is worth getting right
Family-law attorneys and mediators refer the same appraisers again and again once they find one who answers quickly, scopes the job clearly, and holds up under questioning. Fees on these files should reflect retrospective dates, extra values, and possible testimony, which is the same idea behind positioning appraisal fees for private work.
This is a practice note, not legal advice. Valuation dates and procedures vary by state and by court, so follow counsel’s instructions and your state’s rules. For scope questions across assignment types, see the USPAP and scope of work section of the Private Appraisal Work Guide.
Part of the Private Appraisal Work Guide — assignment types, USPAP scope, fees, and how private clients find appraisers.
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