QUESTION

Divorce appraisal

Asked on Jul 12th, 2016 on Divorce - Indiana
More details to this question:
We are in process of divorce, our property was appraised a year and a half ago by the opposing side choice of appraisers and we both excepted the results and signed off on it . Now we are ready for the final hearing, can the opposing side at this late hour ask to have the appraisal redone? If so what form would I file to stop the procedure. Thank you Roz Betts
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1 ANSWER

Family Law Attorney serving Carmel, IN at Marcus Law Firm, LLC
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Either side may have as many appraisals done as they wish.  The concern is which appraisal will the court use in valuing the marital property.  If there is an appraisal done by aggrement of both sides, then it is important that the court know that when making their decision.  It is important that you serve discovery on the opposing side asking for copies of the appraisal as well as any written communication between the appraisor and their side.  That information may be important in attacking their appraisal at trial.  If there is a request for attorney fees made by the other side, then I would certainly ask the the cost of having the appraisal redone be removed from that request.  Depending on the results of the various appraisals, it may be important to demonstrate to the court that they were just shopping for the highest number.  On the other hand, if they have more than one appraisal showing a far different number from the one that you have, make sure you discuss with appraisor prior to trial so that they are prepared to testify as to the basis for their opinion.  
Answered on Jul 13th, 2016 at 8:37 AM

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