getting the best home appraisal value when calculating equity buyout amount

Question

The courts were suppose to take each of the party's requested appraisal person, select one of them or appoint one and let me know in weeks.   Well, its been months and since i'm taking a second loan for the equity buyout of the ex i'm already getting an appraisal and maybe thats what the courts realized.    The other party is pushing for their person and i'm suspecting because they will inflate the appraised value.    I just had the heloc appraisal at a number i still find high.    They say if i request an in house appraisal it will just be higher even tho there is lots of work to get done in and around the house.    And, why isn't the Date of separation home value the one we use as i've paid the mortgage in full since.   She has inherited a $1m home mortgage free.   i was dup'd into agreeing to a buyout before agreeing to spousal support.   maybe that i have a 2nd loan my support amount will drop more?   how can i get thru this with the lowest appraisal value to lower my buyout?   THX

James R. Dickinson · Answer

In a California divorce, a property buy-out typically involves one spouse purchasing the other spouse's share of the property to obtain sole ownership. The buy-out amount is usually based on the current market value of the property, with adjustments for any outstanding mortgage or other liabilities. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith · Answer

During divorce proceedings, home valuations can be complex, and your concern about inflated appraisals is valid. While the date of separation value might seem logical, most courts consider the current market value when determining equity buyouts, as this reflects the actual present-day asset division. 
 
To pursue the most accurate and potentially lower valuation, consider documenting all needed repairs with detailed photos and contractor estimates. You can request that the appraiser account for these necessary improvements in their final assessment, as they directly impact the home's value. The inheritance your ex received, while significant, typically doesn't affect the division of marital property unless specifically addressed in your divorce agreement. 
 
Regarding your question about spousal support, taking on additional debt through the second loan could indeed impact the support calculation, as it affects your monthly expenses and available income. You might want to discuss this with your attorney, as the timing of finalizing the buyout versus support arrangements could be strategically important. Also, consider requesting multiple appraisals from different professionals, as this can provide stronger evidence if you need to challenge an inflated valuation in court.

Q: getting the best home appraisal value when calculating equity buyout amount