How to find an expert who knows how to evaluate property when dividing the property of a wife and husband, and check the level of his professionalism, will be written below.
Is a property valuation necessary during a divorce?
The division of joint property of spouses is regulated in Article 38 of the RF IC. There is no information in the legal act obliging a married couple to initiate a property assessment before filing for divorce.
Attention
However, there are a number of nuances. The application for the division of real estate purchased during marriage is of a property nature. When going to court, the applicant must determine the price of the claim and provide a detailed calculation (Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). Information is necessary to calculate the state duty, as well as the fair distribution of shares between the divorcing husband and wife.
When is property valuation required during a divorce?
Despite the fact that Article 38 of the RF IC does not fix the need for a mandatory assessment of the value of property during a divorce, the need to determine the price of property may still arise in the following situations:
- Calculation of the claim price. Article 91 of the Code of Civil Procedure of the Russian Federation states that the value must be determined if it is necessary to divide the property of the spouses.
- Determination of the amount of state duty. The deposit of funds into the state treasury is carried out taking into account the provisions of Article 333.19 of the Tax Code of the Russian Federation. The regulatory legal act reflects that the payment must be calculated taking into account the value of the property to be divided.
- To determine the amount of compensation. Article 38 of the RF IC states that the spouse whose share has been reduced may receive monetary compensation. To calculate the indicator, you need to know how much the property to be divided is worth.
- The property has been improved. The price of the modernized property differs from the original cost. Information from the appraiser is required when calculating the state duty (Article 333.19 of the Tax Code of the Russian Federation).
- There has been a departure from equality of shares. According to Article 39 of the RF IC, the court takes into account the interests of children and spouses. If the wife, for unjustifiable reasons, did not receive income or spent common property to the detriment of the interests of the family, a deviation from the principle of equality is possible.
In addition, within the meaning of Article 8 of the Federal Law “On Valuation Activities in the Russian Federation” dated July 29, 1998 No. 135, any property that is subsequently subject to division is subject to mandatory valuation.
Evaluation procedure (how the procedure works)
Apartment
Valuation of residential real estate consists of several stages:
The customer, represented by one of the spouses or both participants in the marriage, enters into an agreement with the expert if the spouses decide to divide the property by mutual consent. If the division of housing occurs in a court proceeding, then the assessment of the disputed property is initiated by a court ruling.- After concluding an agreement with the appraiser, the interested party provides him with the documents required for the work and pays for the services. The list of documents is indicated in the chapter “List of required documents”. The customer provides the specialist with access to the residential premises for inspection.
- Having completed the calculation of the value of the disputed asset, the specialist draws up his conclusions in the form of an assessment report, which is submitted to the customer or the court.
Land plot
The assessment of a jointly acquired plot of land takes place in the following order:
- If there is a dispute about the future fate of the plot, spouses who want to resolve the disagreement voluntarily enter into an agreement with an assessment expert. If the case is being considered as part of a lawsuit, the valuation of the disputed asset is assigned as determined by the court.
- The interested party, represented by one of the spouses or both members of the family union, pays for the specialist’s services and gives him official papers for the site, which include: An identification document of the customer in the Russian Federation, for example, a passport.
- A document establishing any property right of the spouses to it, for example, the right of use, or the right of ownership, for example, a contract of sale, exchange or donation, a court decision, a privatization agreement.
- Documentation of title, such as a certificate of ownership.
- Object passport issued by the cadastre authorities.
- Boundary plan.
- A paper confirming the existence of an easement or other encumbrances on the land, if any.
Auto
The vehicle assessment procedure goes through the following stages:
The customer, represented by one of the spouses or both participants in the marriage, enters into an agreement with the expert if the spouses decide to divide the property by mutual consent. If the division of the car occurs in a lawsuit, then the assessment of the disputed property is initiated by a court ruling.- Next, the customer sends the appraiser a list of papers required for the work and transfers him funds as payment for the services. The documents are listed in the chapter “List of required documents”. In addition, the customer provides the expert with the opportunity to directly inspect the vehicle for faults or damage.
- At the final stage, the specialist draws up an assessment report, which he submits to the judicial authority or the customer.
Normative base
The process of dividing and assessing the value of spouses’ property is regulated by the Family Code of the Russian Federation. It is necessary to pay attention to the following articles:
- Article . Reflects a list of property of the husband and wife, which is recognized as jointly acquired.
- Article . Determines the list of property of spouses that is not divided.
- Article . Fixes the rules for the distribution of property upon the divorce of a married couple.
- Article . Fixes a set of rules according to which the shares of husband and wife in jointly acquired property are determined.
If a married couple cannot reach an agreement on their own and plans to go to court to divide property, it is necessary to pay attention to the provisions of the Code of Civil Procedure of the Russian Federation. It is important to study the following articles:
- Article 131. Determines the form of the claim and fixes the rules for filling out the application.
- Article 132. Determines the list of documents that spouses must provide in order for property to be divided.
- Article 154. The amount of time it will take to consider the case in court.
The property division procedure itself is carried out taking into account the provisions of Federal Law No. 135 of July 29, 1998.
What property is subject to valuation and what is not?
Article 38 of the RF IC does not mention what property is subject to valuation in the event of a divorce. However, when determining the amount of the claim or the amount of the state duty, information about all real estate objects that the spouses want to divide among themselves may be required.
Additional Information
According to Article 38, the jointly acquired property of a husband and wife during their marriage is subject to division. The list of real estate objects included in this category can be seen from the provisions of Article 34 of the RF IC.
From the above it follows that during the divorce process, spouses may need to assess the value of jointly acquired property. The list of property subject to determination of financial value may include:
- real estate;
- vehicles;
- luxury items or jewelry;
- deposits and securities.
The personal property of spouses during a divorce is not divided and, therefore, is not subject to valuation (Article 38 of the RF IC). The list of objects falling into this category follows from the provisions of Article 36 of the RF IC. Not subject to assessment:
- property owned by a husband or wife before marriage;
- personal belongings, items necessary for training or professional activities;
- a piece of real estate given or inherited by a spouse during marriage;
- intellectual property, unless otherwise provided by the executed marriage contract.
Who can request a property valuation during a divorce?
As mentioned earlier, Article 38 of the RF IC does not indicate that a married couple who decides to divide property is obliged to assess the value. There is no corresponding information in Article 91 of the Code of Civil Procedure of the Russian Federation, in accordance with which the amount of the claim is determined. The regulatory legal act only reflects that the price is set by the applicant. If the judge notices that the cost of the claim is clearly not true, the figure may be changed when accepting the petition for consideration. The defendant may disagree with the information provided in the application and ask the court to change the price.
From the above it follows that the procedure for assessing the value of property during a divorce can be initiated by:
- plaintiff;
- defendant;
- court.
How much does an assessment cost?
The price for the services of an appraisal expert varies depending on the region in which the assets of the parties to the marriage are located, the number of items and the complexity of the work performed. Approximate fees for assessments are shown in the table below. For an accurate price calculation, you must contact an appraiser in your city.
| Assessment region | Approximate prices for services |
| Moscow and Moscow region |
|
| Other regions |
|
Who evaluates property during a divorce?
The list of persons entitled to engage in valuation activities is reflected in Article 4 of Federal Law No. 135 of July 29, 1998. To provide such services, you must join an SRO and insure your liability. An opinion issued by appraisers who do not meet the above requirements is invalid.
A specialist can engage in private practice or work for a person who meets the requirements of Article 15.1 of Federal Law No. 135 of July 29, 1999. The company is obliged:
- have at least 2 specialists on staff who can engage in valuation activities;
- work in accordance with the Federal Valuation Standards and other regulations governing the rules of valuation activities;
- insure your liability in case of possible violation of the terms of the contract or damage to the property of third parties;
- provide a bank guarantee for the fulfillment of obligations in the agreement;
- inform the customer in advance if it is not possible to fulfill your obligations due to certain circumstances;
- ensure the safety of documentation and property received from third parties;
- do not disclose data received from the customer.
If the above requirements are violated, the person does not have the right to engage in valuation activities.
How to check an appraiser
| List of requirements for an expert | How to check |
| Availability of higher education, confirmed by a diploma, in assessment activities | Ask the specialist to present a diploma at the first meeting. |
| Membership in the self-regulatory organization of appraisers (SRO) | Demand to show you a certificate of membership in an SRO or an extract from the SRO register. Write down the name of the organization and then check the registry on its website to see if the expert is actually a member of it. |
| Insurance of your liability for the results of your work. The minimum insurance amount is 300 thousand rubles, and for legal entities - 3 million rubles. | Review the appraiser's insurance policy. Check it on the insurance company's website and make sure it is genuine. |
| A document certifying no criminal record. | Request that the appraiser show it to you. If in doubt, write down the paper details and contact the Ministry of Internal Affairs for verification. |
| Certificate of opening an individual entrepreneur or employment contract with the employer. | An expert who is a private practitioner must have a certificate of opening an individual entrepreneur, and an employment contract must be held by an appraiser working for hire. |
| Qualification certificate (from 04/01/2018) | A document obtained as a result of successfully passing the exam and confirming the specialist’s right to work in one of three areas of assessment:
|
Methods for determining the value of property during a divorce
From the provisions of Article 91 of the Code of Civil Procedure of the Russian Federation and Federal Law No. 135 of July 29, 1998, it follows that there are the following methods for assessing the value of property during a divorce:
- Self-assessment of property. The spouse determines the approximate cost of the object before going to court. The data is recorded in the statement of claim. However, if the judge notices that the indicated price clearly does not correspond to the actual value of the property, the representative of the authorized body will correct the data. For this purpose, an assessment of property during a divorce can be initiated (Article 91 of the Civil Code of the Russian Federation).
- Invitation of an appraiser at the pre-trial stage of the proceedings. A husband and wife turn to a specialist voluntarily. The assessment is initiated in order to: find out the exact value of the property during a divorce, determine the amount of compensation if the property is transferred to one of the spouses, and correctly calculate the state duty.
- Forced assessment. The judge is obligated to establish the exact value of property upon divorce. An assessment is initiated if the financial value of the real estate indicated in the claim is greatly overestimated or underestimated (Article, Code of Civil Procedure of the Russian Federation).
Next steps after assessment
They depend on how the spouses divide the common property: by mutual agreement or in court.
If the participants in the marriage plan to divorce without involving the courts, then the procedure after receiving the report will be as follows:
- With the report and documents for the disputed assets, both spouses must go to a notary, where they together draw up an agreement on the division of property based on the expert’s assessment presented in the report.
- Pay the notary the price for services established by the Tax Code.
- Receive a certified document in hand, which will have the force of a writ of execution for bailiffs if in the future one of the former spouses decides not to obey the agreements specified in it.
If spouses resolve a dispute between them in court, the procedure in this case is as follows:
- Since the assessment was initiated by the court, the appraiser transfers the result of the work directly to the judge hearing the case on the division of property.
- During the court hearing, the judge gets acquainted with the specialist’s conclusions and, based on them, makes a decision on the shares into which the assets must be divided, or on the impossibility of dividing the property. In the second case, the judge decides the amount of compensation paid to one of the spouses.
- Having completed the proceedings of the case, the judicial authority makes a decision, which confirms the fact of division of property between the former participants of the family union.
What documents are needed to assess property during a divorce?
Federal Law No. 135 of July 29, 1998 does not indicate a list of documents that must be provided. The list of papers directly depends on the property, the value of which will be assessed during the divorce of the spouses. If we are talking about real estate, they provide:
- the applicant's identity card;
- technical and cadastral passport of the property;
- title documents for property;
- floor plan;
- encumbrance, if present.
IMPORTANT
When assessing the value of a car, they provide the title and vehicle registration certificate. If you need to determine the financial component of a business, you must present registration and constituent documentation. The appraiser will provide an exact list of papers after concluding the contract. The agreement between the company and the client is mandatory, regardless of the assessment of the value of which property will be carried out.
List of required documents
To initiate the assessment procedure, you must have one of the following two documents:
An agreement between the customer and the appraiser, which must be drawn up in writing. You can download the form for writing a contract from here.- If the valuation of disputed assets occurs after filing a claim in court, then it is initiated by a judicial ruling. As a rule, the basis for such a decision is a clear discrepancy between the market price of material assets and the claim price indicated in the application. The court may decide to order a property assessment independently or at the request of one of the parties to the proceeding.
In order for the expert to begin work, he must provide documentation about the disputed asset to be assessed. The list of papers that must be submitted to the appraiser varies depending on the object being appraised.
For example, for a car the list of required documents is as follows:
- A document proving the identity of the customer within the Russian Federation, for example, a passport.
- A certificate confirming the fact of registration of the vehicle with the traffic police.
- PTS for a car.
If the object to be assessed is an apartment or other residential property, then you must provide the specialist with the following papers:
- A document proving the identity of the customer within the Russian Federation, for example, a passport.
- A paper confirming the rights of the person ordering the assessment to the disputed asset.
- A document that serves as the basis for vesting the customer with any real right or right of ownership in relation to the object being valued, for example, a court decision, a privatization agreement, a purchase and sale agreement.
- Cadastral passport of the object.
- Technical passport of the object.
- A plan of a living space with an explanation for it.
- A document certifying the existence of a pledge or other encumbrances on the property.
Determining the price of property during voluntary division
Spouses have the right to independently evaluate and distribute jointly acquired property during a divorce. To do this, draw up a voluntary agreement on the division of property in accordance with Article 38 of the RF IC. In order for a document to be recognized as valid, the completed form must be notarized. A husband and wife have the right to deviate from the principle of equality and divide property as they see fit.
An assessment of the value of the spouses' property during a divorce, in the case of preparing a voluntary agreement, is carried out extremely rarely. A specialist is consulted if a husband and wife want to be sure that a fair division of property has occurred. Property assessment is carried out according to the following scheme:
- The husband and wife agree on a voluntary division of property and decide to contact an appraiser.
- The spouses select an appraisal company, contact its representative, and enter into an agreement.
- The appraiser is provided with documents for the property.
- The specialist determines the value of the property, prepares a conclusion, and hands over the document to the spouses.
- The husband and wife receive the results of the expert assessment and draw up a voluntary agreement on the division of property, taking into account the provisions of the document provided by the specialist.
- A married couple visits a notary and provides a completed agreement for certification.
- The notary checks the provisions of the agreement, finds out whether the husband and wife actually voluntarily prepared the agreement and understand the consequences of drawing up the paper.
- The married couple receives a completed document. Based on the agreement, the property can be re-registered.
What documents are issued by hand?
The specialist draws up the assessment conclusions in the form of a report, which contains the following information:
- The date this document was produced.
- His number.
- Basis for performing appraisal work.
- Information about the specialist or the organization in which he works.
- The purpose of completing the ordered work.
- Description of the asset that was assessed.
- Standards and methodology used by the expert.
- Sequence of steps to determine the value of the subject of assessment.
- List of official papers used by the specialist.
When you receive the report in your hands, you should make sure that it is bound and has the expert’s signature and seal. In addition, the document must have numbering on each page.
For a notary certifying an agreement providing for the division of property between a wife and husband, or for a court hearing a case regarding the division of marital assets, this document has the force of written evidence. They must be guided by it when making decisions.
A sample assessment report can be found by following this link.
Valuation of property during divorce through court
If litigation is imminent, spouses have the right to initiate an assessment of the value of the property before filing for divorce. A specialist’s opinion will help determine the amount of state duty and divide the real estate, observing the principle of equality and fairness. Pre-trial assessment of the value of property is carried out according to the following scheme:
- The potential plaintiff initiates the property valuation procedure. Subsequently, the costs can be included in the list of claims and recovered from the defendant.
- The specialist prepares a package of documents, determines the value of the property and reflects the information in the assessment report. The paper is handed over to the applicant.
- Taking into account the results obtained, the plaintiff prepares a statement and goes to court. The result of assessing the value of property upon divorce must be included in the list of attachments to the application.
- The case is reviewed and a decision is made. If the verdict does not suit one of the participants in the proceedings, you can prepare an appeal (Article 320 of the Code of Civil Procedure of the Russian Federation).
For your information,
the value of property during a divorce is not always assessed in advance. The need to determine the value of property may arise directly during the trial. One of the participants in the case has the right to initiate the process of determining the price of property if the person is not satisfied with the cost of the material good reflected in the claim.
The spouses initiate the assessment of property during the trial as follows:
- The defendant studies the claims made and understands that the value of the real estate is too high or low.
- A person sends a petition to the court with a request to conduct a procedure for assessing the value of property. The judge makes a ruling to satisfy the requirements (Article 166 of the Code of Civil Procedure of the Russian Federation).
- An appraiser is involved in the proceedings. The expert’s services are paid for by the initiator of the examination.
- The specialist determines the value of the property and prepares a report.
- The assessment results are attached to the case materials. Based on them, the court may reduce, increase or leave unchanged the price of the spouses’ property during a divorce specified in the claim.
Features of the assessment
Both the spouses themselves and the court can resort to the services of appraisers. As a rule, the examination is carried out by commercial organizations that have the appropriate licenses. To draw up a conclusion, an expert comes to the location of the property. The cost is determined at market prices.
The procedure itself looks like this:
- The parties determine what property will be valued and subsequently divided.
- An appraisal company is selected. You should focus on the cost of services and reviews of other clients. Low prices should alert you: there is a possibility that experts do not have sufficient practice and evaluation methods, and may overestimate or, on the contrary, underestimate the cost.
- After choosing an appraiser, you need to agree on the date of the specialist’s visit, conclude an agreement and pay for the services.
- On the appointed day, the appraiser appears at the location of the subject of the examination, examines it, studies technical and other features, and draws up a report.
- A conclusion is drawn up within three days. You can ask for the document to be made in two copies. Subsequently, the original and copies are provided to the court - the latter are added to the case materials, the originals remain with the plaintiff and defendant.
Important! If one of the parties does not agree with the results of the assessment, at the time of receiving the conclusion, you can ask questions and demand justification for the decision. In case of further disputes, the spouse has the right to independently contact another company for examination.
Payment for the assessment is made by the parties by mutual agreement, and can be divided in half.
Cost and terms
Federal Law No. 135 of July 29, 1998 does not establish an exact period during which the company is obliged to provide the results of an assessment of the value of the spouses’ property. There is also no information on prices for the services provided. The specifics of the work of appraisers depend on the internal policy of the organization, the complexity of the task, and the type of real estate that needs to be appraised. The cost of specialist work starts from 5,000 rubles. On average, obtaining the result of assessing the value of the spouses’ property during a divorce takes from 2 to 5 days.
Where to go
The heir independently decides where exactly to order a property appraisal. There are many specialized organizations on the market that provide similar services. The only requirement is the availability of permits and/or membership in an SRO.
To reduce costs when registering real estate, you can contact the BTI. Here, not only will the extract cost less, but the final amount of the state fee will be significantly less. Market valuation will cost the most.
To avoid misunderstandings, you need to contact a notary and clarify the details. The usual order was violated by a letter from the Ministry of Finance dated December 26, 2013 No. 03-05-06-03/57471. It said that when calculating the state duty, the inventory value of the property is no longer used. Later, the relevant ministry canceled its message (Letter of the Ministry of Finance dated March 18, 2014 No. 03-05-06-03/11709). The Tax Code prohibited a notary from refusing the results of the assessment of state-owned companies.
Cadastral extract
You can order a cadastral extract on the value of a land plot as follows:
- in Rosreestr;
- through the Rosreestr website;
- through MFC.
In 2020, Rosreestr does not accept citizens regarding the provision of documents
. Therefore, documents for issuing an extract can be sent by post. You must include in the envelope:
- notarized copies of documents (title documents);
- application for an extract;
- receipt of payment of the duty;
- description of the attachment.
The response must be prepared within 30 days. However, this option is the most inconvenient, since it is necessary to take into account the time costs of forwarding.
An alternative option is to submit documents through the website. The application via the Rosreestr website is submitted electronically. You must enter the address of the land plot in the electronic form. The cost of the service is 300 rubles. The result is sent within 10 hours to the applicant’s email. However, when submitting an electronic document, difficulties may arise with a notary. The specialist may refuse to accept the extract in electronic form.
To obtain a paper copy of the statement, you must contact the MFC . Since 2020, the law allows you to apply to any center, and not just in the territory where the site is located.
The procedure for obtaining an extract through the MFC:
- Receiving an electronic coupon (via the My Documents portal or in person at the department).
- Contact a specialist with documents.
- Filling out an application.
- Receiving a receipt for submitting documents.
- Receive a statement within 30 days.
Important! The date of receipt of the document will be indicated on the receipt. However, if the extract is prepared before the deadline, the citizen will receive an SMS.
Certificate from BTI
If the heir needs to carry out an assessment of real estate, then it is advisable to contact the BTI. It is the bureau that carries out the inventory assessment of property.
Since the amount of the state duty when entering into an inheritance directly depends on the estimated value of the property, a lower price is the basis for reducing the costs of entering into an inheritance.
You can obtain a certificate from the BTI as follows:
- directly to the office, at the location of the property;
- through MFC.
The applicant must provide the following documents:
- passport;
- marriage certificate (if available);
- will (if any);
- birth certificate (if the heir is a minor);
- a document confirming the authority of the legal representative (certificate of a guardian, adoptive parent);
- power of attorney (if the documents are submitted by a representative);
- fee payment receipt;
- application (to be completed on site).
The period for preparing the certificate does not exceed 30 days. The cost of the document in 2020 is 540 rubles.
Evaluation report
Contacting a commercial organization will be necessary if a citizen wants to find out the adequate value of a property or to evaluate other property. In the Russian Federation there are no government organizations that can evaluate a vehicle, jewelry, or other valuable property.
The assessment procedure includes:
- selection of organization;
- conclusion of a contract and payment for services;
- inspection of property;
- preparing of report.
The market for appraisal companies provides heirs with a wide choice. When selecting an organization, it is advisable to be guided by the reviews of friends. There is no need to rely on the advice of a notary or reviews on the Internet.
Important! When visiting a company, you must familiarize yourself with the license to conduct appraisal activities in relation to a specific property. Otherwise, the notary will not accept the report.
To check the appraiser, it is necessary to find out whether he is a member of the Self-Regulatory Organization of Appraisers. To do this, you can order an extract from the Unified State Register.
An agreement between the customer and the appraiser is concluded before the work is carried out . It is necessary to study the document in full, but pay special attention to the cost of work and deadlines.
An obligatory stage of the assessment is an inspection of the property . If an appraiser is ready to prepare a report without inspecting the property, this indicates his dishonesty and you should not enter into a contract with him. The inspection period and procedure for visiting the site are agreed upon with the customer.
The form of the property value report depends on the type of property being assessed (apartment, car). The document contains:
- date of registration and serial number;
- basis for evaluating the object;
- information about the specialist (appraiser);
- link to SRO membership;
- description of the object under study;
- applied standards;
- algorithm of the appraiser's actions;
- the final cost of the property;
- list of attached papers;
- date of assessment.
The report is accompanied by a photo of the object under study and papers confirming the authority of the appraiser . The document is stitched, numbered and signed by an authorized person. The report is also sealed with the organization's seal. Production time rarely exceeds 3 days.
Valuation of an apartment and other real estate during a divorce
There are several ways to evaluate an apartment and other real estate of spouses during a divorce:
- determination of inventory value;
- calculation of market value;
- identification of cadastral value.
Note:
Usually, when appraising property during a divorce of a married couple, for example an apartment, the appraiser determines the value of the market price of the property. To do this, experts pay attention to the location of the property, the presence of access roads and communications, area and layout, surrounding infrastructure. The appraiser studies the price of analogues. Searches for advertisements are carried out using special services.
What affects the cost of housing
Several factors influence the determination of the price of real estate:
- Location. The closer to the center, the more expensive.
- Infrastructure. Houses located in areas with developed infrastructure (schools, shops, kindergartens, etc.) are more expensive.
- House type. The cost of a new brick building is higher than an apartment in a panel building in the same area.
- The condition of the apartment building and the apartment itself.
- Size of living space, number of rooms, layout.
Security is also taken into account: the house is located in a protected area, the presence of an intercom or concierge, etc.
To evaluate real estate, you will need ownership documents, passports of the parties, cadastral and technical passports, an extract from the Unified State Register of Real Estate for the presence or absence of encumbrances.
Estimating the value of a car during a divorce
Article 5 of Federal Law No. 135 reflects that real and movable property must be assessed if the division of this property is planned in the future. Art. 8 Federal Law No. 135. The car belongs to the category of movable property. If spouses want to divide a car during a divorce, it is advisable to establish the value of the property.
For your information
During a divorce, specialists can evaluate the vehicles of spouses using documents or during an actual inspection. Determining the cost is influenced by the “age” of the car and its characteristics. The machine may have damage or defects that cannot be determined without actual inspection. Therefore, today appraisers prefer to conduct a personal inspection when assessing the value of a car during division.
Business valuation
If the spouses were engaged in entrepreneurial activity during their marriage, the business is divided into equal shares. When calculating the price, the appraiser takes into account the following factors:
- Asset value.
- Financial position of the enterprise in the market.
- Volume of circulating products.
- Profitability.
- Incurred and planned investments.
- Having debts.
The expert must provide accounting documentation, plans, a list of shareholders, documents on encumbrances, information on ownership of real estate and vehicles, as well as certificates confirming financial investments.
Determining the price of a land plot upon divorce
A plot of land is included in the category of real estate subject to division upon divorce of a married couple. The assessment of land value is carried out taking into account the parameters relevant for such objects. They take into account the location of the site, the presence of roads, communications and access roads, the area of the plot, and the purpose of the property. A search for analogues is also carried out to identify the average cost on the market. You can read in more detail about how the allotment is divided during the divorce of spouses on our website, in the article: “Land during divorce.”
Construction and technical expertise during property division
Construction and technical examination is a type of forensic examination that is used in the case of division of housing (houses, apartments). During such an examination, housing objects and territories functionally associated with them are examined.
The above examination is carried out in the following cases:
- division of a house (including a land plot), as well as determining the procedure for using a residential building and land plot;
- determining the apartment’s compliance with regulatory documents for the residence of several families;
- determining the quality of repairs or construction, as well as the technical condition of housing.
How can a spouse challenge the results of a property valuation during a divorce?
If a spouse believes that the results of a property assessment during a divorce do not correspond to reality, you can challenge the examination. To do this, you must proceed according to the following scheme:
- Find out the result of the examination and make sure that the data reflected in the report does not correspond to reality.
- Prepare a complaint. The document is drawn up taking into account the general rules of office work. The form of the form is not legally prescribed.
- Submit a complaint to the authorized body. Article 87 of the Code of Civil Procedure of the Russian Federation allows for an appeal against the examination. The court may initiate a re-examination. In this case, other specialists will be involved.
- Read the new appraiser's report. The specialist will recheck the data and prepare another report.
An approximate sample of a complaint to challenge the results of a property assessment during a divorce can be found
Problems and nuances
Only the joint property of the spouses is subject to division and assessment of value during a divorce. Property recognized as personal cannot be divided (Article 36 of the RF IC). Therefore, there is no need to evaluate such objects. It is unlawful to include personal property in a claim seeking distribution between spouses. If the defendant proves that the property belongs only to the husband or wife, the property will be removed from the list. The costs of appraising such property will be in vain. Therefore, you need to be careful when creating a list of property that is subject to assessment and division upon dissolution of the marriage.
Valuation of property during a divorce is not mandatory. However, you need to invite a specialist to determine the amount of the state duty and minimize the risk of encountering disputes during the distribution of real estate. The assessment can also be carried out during the trial. Any of the parties to the divorce can initiate the process. If a citizen is not satisfied with the result of the examination, the person has the right to challenge the conclusion by preparing a complaint.
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Arbitrage practice
In materials of judicial practice, property that is the subject of a dispute during a trial on the division of assets is studied by appraisers to make a verdict on its value quite often. As an example, let's look at two cases from Russian judicial practice.
First thing
The ex-wife appealed to the appellate court with a request to reconsider the initial decision due to the fact that her ex-husband provided the court with inaccurate data on the value of the joint property, on the basis of which the court divided the assets.
The Court of Appeal accepted the ex-wife's application. During the hearing, the judge issued a ruling to order an examination to assess the value of the disputed property. Based on a comparison of the data obtained from the specialist’s report and the information provided by the ex-husband, the judge made the following decision:
- The original decision must be reversed.
- Divide joint assets in accordance with the information provided in the appraiser's report.
- Oblige the ex-husband to pay for the work of the appraiser and the state fee.
Second thing
During the divorce proceedings, the spouses divided the following property:
- Personal Computer.
- Furniture.
- Household appliances.
- Truck.
The wife and husband agreed that the husband should keep the truck because he needed it to earn a living. The remaining assets were to become the property of the spouse.
Disagreements between the participants in the marriage arose regarding the valuation of material assets, since the wife was sure that the truck was worth much more than the things she received. Therefore, she demanded that her husband transfer funds to her as monetary compensation.
The husband refused to satisfy his wife’s claims and explained his position by saying that he bought the truck with money borrowed from private individuals and donated by close relatives.
To resolve the conflict, the court took the following measures:
- Attracted witnesses.
- Ordered a truck price estimate.
- I asked my husband for documents confirming the fact of the loan or donation of funds.
The expert's report showed that the things transferred to the wife cost in total 2 times less than the husband's car. The spouse was unable to provide any written evidence confirming the fact of the gift or loan. The testimony of the witnesses was not taken into account by the court, since the witnesses were on friendly terms with their spouse.
Based on this, the judicial authority made the following decision:
- Oblige the husband to transfer money to his wife equal to 25% of the price of the truck as compensation.
- Oblige the husband to pay for the services of the appraiser.
- Transfer ownership of the car to the husband, and all other material assets to the wife.
