Divorce Appraisal in San Jose, CA

What San Jose changes about this appraisal

San Jose is the county seat of Santa Clara County and the largest incorporated city in the Bay Area by population and by land area (roughly 180 square miles), running from the Bay marshlands at Alviso south through Coyote Valley, and from the Santa Cruz Mountains foothills at Almaden east to the Diablo Range at Alum Rock.

California is a community property state, and the valuation DATE is contested more often than the value itself. The appraiser may be asked for value at separation, at trial, or both. Neutrality is the product: an appraisal that visibly favors the party who paid for it is worthless in a courtroom.

Why the combination matters An appraisal is only as good as its comparables. For divorce appraisal work in San Jose, that means drawing evidence from San Jose itself wherever the data supports it, and documenting the reasoning whenever it does not, which is precisely what a reviewer, an opposing expert, or an assessment appeals board will probe first.

The rules that apply

Family Code §760, community property, Property acquired by a married person during marriage while domiciled in California is presumed community property, wherever it is situated. Property owned before marriage, or received during it by gift or inheritance, is separate under §770. Characterisation is a legal question for the attorneys, but it determines what the appraiser is actually being asked to value.

Family Code §2552(a). Value as near as practicable to trial, The default is NOT the date of separation. The court values assets "as near as practicable to the time of trial". In a rising or falling market that difference can be substantial, and it is the single most common misunderstanding in divorce valuation.

Family Code §2552(b), alternate valuation date, On motion of a party, and for good cause shown, the court may value an asset at a different date. Date of separation is the usual alternative. Because the date is litigable, an appraiser is often asked for value at more than one effective date so each side can see the exposure.

Moore/Marsden, apportioning separate and community interests, Where one spouse bought the home before marriage and community earnings paid down the loan during it, both estates hold an interest. Apportioning them can require value at the date of marriage, at separation, and at trial, three retrospective assignments on one property.

Evidence Code §730, court-appointed expert, A court may appoint its own expert where an issue requires one. In practice most family law appraisals are jointly retained by the parties rather than court-appointed, which produces one neutral opinion instead of two opposed ones.

Working in San Jose

Kevin O'Brien holds a California Certified General Real Estate Appraiser (#3005065), which carries no property-type or value limitation, and works throughout San Diego County and throughout the market areas listed on this site. Standard turnaround is 1–3 weeks.

Common questions

Is the house valued as of the date we separated?

Usually not. California Family Code §2552(a) directs the court to value assets as near as practicable to the time of trial, and separation is the exception rather than the rule. Available under §2552(b) on motion for good cause. Ask your attorney which date governs in your matter before ordering an appraisal, because it determines what the report has to answer.

Can we both use the same appraiser?

Yes, and it is common. A jointly retained neutral produces one opinion both sides can work from, which is usually faster and far cheaper than each side hiring an expert and then litigating the difference between them. It requires both attorneys to agree on the engagement terms up front.

My spouse will not let the appraiser inside. Now what?

The appraisal can still proceed as an exterior inspection with the limitation disclosed in the report, though the result is less well supported. Where access matters, counsel can seek an order compelling it. Tell the appraiser about the access problem before the engagement rather than after.

I owned the house before we married. Does that make it mine?

That is a legal question for your attorney, not the appraiser. But be aware of Moore/Marsden: where community earnings paid down the loan during the marriage, the community may hold an interest even though the property started as separate. Working that out can require values at several dates, which is worth knowing before you order a single appraisal.

Divorce Appraisal in San Jose

What San Jose changes about this appraisal

The rules that apply

Working in San Jose

Common questions

Related

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