1)12 year relationship- non married 2) live in 2 states, I own separate properties in NC 3) own jointly (2) properties in Florida with full rights of survivorship Purchased 7/1/19 and 5/20/16 4) the property value has doubled 5) my name is on the note for (1) and on the General Warranty Deed for both 6) we want to separate our assests however I dont know how law determines the value of my investment.
Dear Ms. Newton:
If the parties cannot agree on a value of the property, then the best way to resolve the issue is to either:
a) Sell the property and then you will both know the highest and best value that can be obtained in the open market and then you can divide the proceeds, or;
b) If one of the parties wishes to retain the property, then have a licensed retal estate appraiser do an appraisal of the property to determine value.
If you each wish to get your own appraisals and they differ, typically the parties will agree to the midpoint between both as to value. Candidly, the appraisals should not differ that much as appraisers are held to certain standards in preparing appraisals. However, if you go to court, each party would have to have their appraiser testify and a court cannot take a midpoint...the judge will have to determine whose appraisal should be used. Again, another reason to resolve this amongst yourselves.
Also, as to your name being on the note, it is suggested that if one party is buying out the other party that the party retaining the property be required to refinance it to remove the other party's name from the note obligation. Otherwise, the party being bought out will still be on the obligation, and not only will it remain as a debt on his/her credit rating, but if the person retaining the property does not pay the note, then the lender can pursue both parties.
Hope this helped.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Miami-Dade; 954-558-0074
Boca Raton/Palm Beach: 561-962-2785
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