If you and your soon-to-be ex-spouse cannot decide how to divide property, the judge must do so during a divorce case. In most cases, the judge will rely on evidence presented by experts. There are several options that the experts may use to show property value.
Comparative market analysis
When looking at the home, experts usually conduct a comparative market analysis to see what other homes in your neighborhood like yours have sold for recently. The analysis will also take into consideration features making your home unique. If one of you brought the house into the marriage, then the amount of depreciation or appreciation needs to be divided, even if the home stays with its original owner. Furthermore, the value of any improvements to the house during the marriage needs to be divided.
Cost approach
In addition to the home, other property must be divided during the divorce proceedings. The judge will usually consider the cost of replacing things that can be easily replaced. In most cases, the divorce judge will consider the cost of replacing the item with a similar one. For example, if your bed is 10 years old, he would equally divide the price of a 10-year-old bed.
Revenue approach
For items purchased as an investment, then the future value of those items is more important than their current value. In that case, an expert must predict the item’s worth. A couple might own investment items include artwork, antiques, coin collections and collectible vehicles.
Most couples find it easier to work with their soon-to-be ex-spouse when dividing marital property because they end up with more of the things they value most. Judges must divide property based on its value when that is not possible.