Divorce Valuation of Property | Valuing a Family Home


Divorce is challenging, and a property valuation is crucial in reaching a fair financial divorce settlement. In family law, the property's value is often disputed, especially when dealing with matrimonial homes and other assets. This is where a Chartered Surveyor, professionally trained via the Royal Institute of Chartered Surveyors (RICS), plays a significant role.

When a married couple decides to separate or divorce, the jointly owned property, like the family home, must be accurately valued. This valuation is determined as of a specific valuation date which can be influenced by whether the property is owned jointly or not. The property valuation can also include the value of a pension fund if the pension property is included.

The husband and wife might have conflicting opinions on property value. If the divorcing couple cannot agree on the value, a formal valuation by a surveyor may be required. The solicitor often suggests appointing a joint expert, an independent surveyor who would perform an impartial valuation. It's important to note that the valuation may differ from estate agent appraisals to value the property, which is often more of a marketing estimate than a realistic market valuation.


Divorce Valuation of Property | Valuing a Family Home, Harding Chartered Surveyors

Divorce Property Valuation


Single or Joint Expert?


In many cases, divorce solicitors recommend having a joint expert, a single joint expert, to ensure that assets are not inaccurately valued, which can result in unfairness to the husband or wife. Jointly using one expert surveyor and sending a joint letter of instruction also ensures that costs do not escalate, as opposed to having different surveyors and expenses.

Using a Chartered Surveyor for a Divorce Valuation


The advantage of using one Chartered Surveyor is that the courts view their valuation as more reliable and impartial than valuations from estate agents. A chartered surveyor uses RICS registered valuers' methodologies to value the property for divorce proceedings accurately. Here's how it works:

  1. Engagement of RICS surveyor: The first step is to engage an RICS surveyor who will professionally evaluate the property. This surveyor should be mutually agreed upon by both parties involved in the divorce.
  2. RICS surveyor's assessment: The RICS surveyor would then visit the property for a detailed inspection. The surveyor will consider factors such as the property's size, condition, location, and additional features like garages or extensions. They will also view recent sale prices of comparable properties in the local area.
  3. Presentation of the valuation report: The surveyor will compile their findings into a comprehensive report. This report will detail the methodology used; the data relied upon, and the resulting valuation of the property.
  4. Use in court proceedings: The valuation report is submitted as evidence of the property's value. The court will rely on this impartial and professional valuation when determining how assets should be divided.
  5. Resolution: The court will then make a ruling on the division of assets, taking into account the RICS valuation along with any other relevant factors such as the length of the marriage, the standard of living enjoyed during the marriage, the parties ages, their future earning potential, and their overall financial needs.
Divorce Valuation of Property | Valuing a Family Home, Harding Chartered Surveyors

Court Proceedings


The matrimonial home must be valued, and this valuation report is often used in court proceedings. A family judge will typically say that one surveyor's word is enough for the court to decide on the house's value.

However, if the property's value is still disputed, a divorce solicitor can provide representation in financial court proceedings. They might also call for the court to order a formal valuation by an independent surveyor or justify it in court hearings.

Divorce Valuation of Property | Valuing a Family Home, Harding Chartered Surveyors


How Harding Chartered Surveyors can help Valuing Property for Divorce


Harding Chartered Surveyors is a specialist in handling property matters in a divorce. The complexities that arise during a divorce or separation, particularly when valuing property, require a diligent and professional approach. The true value of a property can often be the subject of conflicting opinions, which is where Harding Chartered Surveyors step in.

Our team of RICS Registered Valuers independently evaluates your family home and any other properties. This value is critical to the financial settlement; if assets are not accurately valued, it may result in unfairness to either the husband or wife.

Regarding property value by different surveyors, some may rely on estate agent appraisals, which could provide a distorted figure rather than a realistic one. At Harding Chartered Surveyors, we conduct thorough and unbiased inspections to ensure the property is valued accurately.

The financial settlement is about finding the house's value and establishing the value of family assets, such as the pension fund. We work diligently to ensure that everything is accurately valued for a fair financial settlement. Our findings can also be pivotal in court hearings to justify the valuation and settle discrepancies.

Remember, it's not only about selling a home but valuing a property for a fair settlement. And if the property value is disputed, we understand that usually, a family judge will say that one surveyor's valuation should be the benchmark. Therefore, having an independent and professional valuation from us could make all the difference in your proceedings.

Also, in cases where a business is involved, we can help determine whether or not any properties included in the company should be factored into the settlement.

If you're in the midst of separation or divorce, and your family home needs to be valued, you can trust our expertise. We are members of the Royal Institution of Chartered Surveyors, offering you peace of mind that our standards are regulated, and our advice is trustworthy.

If you need to discuss court proceedings, please do get in touch. Remember, different surveyors, have different costs, but it's essential to ensure that your assets are worth the accurate figure, as this can significantly influence the outcome of your financial settlement.

Choose Harding Chartered Surveyors for an independent RICS valuation under challenging times. Let us help you establish the true value of your property and ensure a fair settlement.


Recent Reviews from Harding Chartered Surveyors

Divorce Valuation of Property | Valuing a Family Home, Harding Chartered Surveyors
Excellent
5.0
Based on 120 reviews
We are very pleased with the service you have provided and would certainly recommend you in future .
Very positive experience. We hired Harding Surveyors to carry out a building survey on a commercial property to be leased from the council. They did a great job and we went back to them again to carry out a schedule of condition report, prior to us moving in. Very helpful, friendly, good communication, and reasonable price. Would recommend.
Dependable and timely - would recommend
Harding Chartered Surveyors have provided very efficient and professional services with their valuation for Probate purposes. Very good communications at the outset when inquiring about their services with prompt response, as well as addressing questions after their report was sent to me.I also found their fees reasonable compared to other quotes. Highly recommended
The report is excellent and was provided promptly. All aspects of the service were handled efficiently and professionally. Many thanks to Charles and the team.
Seamless experience. Very swift and well organised with a thorough survey completed and report returned within less than a week of booking!
Cannot recommend enough. Communication has been excellent throughout the entire process, very accommodating and fast turnaround. Everyone I have spoken to has been so helpful and kind, to make a difficult process much easier.
Excellent and professional services by Mr. Ali. I am indeed very pleased. I will recommend to my friends and others who wants to avail the services of Harding Chartered Surveyors.
Great fast and easy to book. Great price and most of all great staff.
Great experience dealing with Alaa, very helpful and informative, going above and beyond at any opportunity. Thanks!
Very professional and diligent in their assessment. Our surveyor Alaa Ali has been very responsive and patient with all of our queries providing excellent professional advice on the matter. Will definitely recommend them.
I would thoroughly recommend this company. The appointment for a surveyor came quickly. The surveyor was thorough and explained the items he found wrong. The report came through very promptly.
Excellent and very professional work by Kate for the planning and Charlie for the valuation and report - highly recommended.
Excellent service from all the surveyor team.
Very efficient professionals, quick response, I would definitely use their services again.
Divorce Valuation of Property | Valuing a Family Home, Harding Chartered Surveyors

Conclusion


In conclusion, getting a property accurately valued is the first step in reaching a financial settlement in a divorce. Everything should be included in the financial settlement options, from a jointly owned family home to the net value of the property and property owned by a family. The goal is to ensure fairness and impartiality in the valuation, and solicitors, chartered surveyors, and sometimes, family judges play a significant role. Without proper valuation, the financial settlement can result in unfairness and even complicate the sale or transfer of property after divorce.