Thursday, December 11, 2014

The Importance Of Matrimonial Appraisals

By Claudine Hodges


Matrimonial appraising is a misunderstood area of assessment for lawyers, the court and the appraiser. Typically, attorneys are seeking a good fair market value or FMV of a real estate. But, usually, a matrimonial situation will be appraised based on the nature of assignments, the market and type of property to 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.

There are also problems or concerns that should be considered as well. Actually, appraisals of a house must be done by a qualified appraiser. There are three methods to be used, such as cost approach, income and sales comparison approach. Most of the time, sales comparison approach is commonly used in assessing the family house.

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 the city of New York, NY involved in the divorce process should also choose a good and well experienced appraiser. It is very important to check the strengths and weaknesses of the procedures of the appraisals. They are also considered as expert witnesses. A lawyer may also ensure that both appraiser and procedure are professional and competent.

It is actually, the responsibility of the lawyer to choose credible appraisers. It is important to determine first which method possess many strengths and less weaknesses. Although it is quite hard to determine the methods to use and a reasonable one, but if the best appraisers are hired, then everything will also be simple and easy.

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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