Friday, December 5, 2014

The Importance Of Matrimonial Appraisals

By Claudine Hodges


Appraising is one of the most misinterpreted areas of valuation for a lawyer, appraiser and the court. Basically, lawyers will seek to get the best fair market value or the FMV of property. However, in matrimonial situations, the FMV property is being appraised depending on the nature of their assignments, the type of property and the market which the property will be sold.

The term Fair market value is being used a general term even without specifying the valuation or market value. A lawyer leaves it to the appraisers to identify the market and methodology to be applied, which may lead in a valuation that is not a lawyer needs, the court have expected and the situation requires. Although it is quite complicated but knowing the whole approach may also provide you a clear understanding of the matrimonial appraisals New York, and its importance.

During the process of separation or a divorce, the valuation of the marital dwelling is very important. This is especially if a spouse will continue to occupy the house after the separation. In this case, the other spouse should repay for surrendering the ownership of the house. There are also some assessment methods for real estate in the proceedings and various types of evidences are used to determine the value of the estate.

Actually, there are many issues that should be addressed properly. Appraisal of a home should be done by a certified appraiser. There are only three methods acceptable, such as the cost approach, the sales comparison approach and the income procedure. Sales comparison approach is the most common method for valuing a single family dwelling.

The cost method is usually conducted by the appraisers and determine the reproducing cost for the marital home. Basically, It is used to determine the value of the new and recently constructed house. The next approach is the income approach and can be used to determine the right value of the vacation property owned by the couple that is also expected to generate more income in the future.

Attorneys in New York, NY who are involved in the proceedings must choose carefully an experienced and credible appraiser. It is important to examine their strengths or weaknesses of the method used by the appraiser. Appraisers are actually an expert witness, so it is vital to choose the right methods at the same time choose the right appraiser who is professional enough to handle the task.

When it comes to a qualified appraiser, the lawyer will be the one to choose one. Actually, every method mention has its own weakness and strength. It is quite difficult to determine which procedures to use and a reasonable one. This method is also best to use with another method, such as the sales comparison approach.

A personal residence of a couple is usually the largest single asset they could acquire during their marriage. Once they file for a divorce, discussions may also arise over the marital house. This is actually true, especially if one spouse still to lives in the dwelling and after giving the possession. As a result, lawyers of both parties should also determine the value of their dwelling.

In case that the house is not sold, appraisals indicate fair market value on the date of separation. A certain appraisal using the sales comparison method is commonly used as an evidence of the FVM because they also rely on the information of the oriented market.




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