How Is Marital Property Divided?
Equitable
division of marital property is a common issue in divorce cases in Georgia. Division
of property necessarily involves establishment of the value of such property. For
example, if a married couple going through divorce wants to divide the marital
home, there are generally two ways to do that. First, they could sell the home
and split the net proceeds. Otherwise, they could obtain a valuation of the
equity in the home (for example, by doing an appraisal on the home) and have
one spouse buy out the other spouse's interest in the equity (for example, by
awarding the other spouse other marital property of similar value).
Valuation of Property Is an Estimate
There are many
books written on the topic of valuation of property---valuation is a
specialized field of profession. Valuation may be important in mergers and
acquisitions of large corporations and obtaining loans. In the context of
divorce, property may include everything from the marital home to business.
Simply put, there may be a value to any property at issue. However, the valuation
of a specific piece of property may present a wrinkle to the issue of division
of marital property because the spouses may not agree upon the value of such
property. It is important to note that the results of any valuation is an
estimate----and inherently subjective.
Evidence of Valuation
If the property
at dispute in the divorce case is of high value, then it would probably be wise
to consider hiring a professional to appraise the value of the property. For
example, it would probably be worth the money to hire an appraiser to do an
appraisal on the marital home or (and possibly testify at trial). Whatever
evidence of value a spouse intends to present at a trial, such evidence must
conform to the rules of evidence. For example, a printout of the Zillow page or
tax assessor's annual notice on the value of marital home would generally not
be admissible. Further, just because you have an appraiser testify at trial
about the value of a piece of property, it does not necessarily mean that the
trial court will adopt such testimony----the trial court, as the factfinder,
will have the final say regarding how much something is worth.
Is an Appraisal Necessary for Every Piece of Property?
No, an appraisal
on every piece of property at issue may not be necessary. For example, if the
spouses are dividing bank accounts or their cars (assuming the cars are not Lamborghini),
then an appraisal would probably not be necessary---or be worth the cost. If
so, how would a spouse establish the value of a piece of property without
testimony of an appraisal?
One way to
establish the value of a piece of property is via the spouses' agreement (i.e.,
stipulation) to the value of such property. For example, the spouses may agree
that their Toyota is worth $13,000.
Even without the
spouses' stipulation (or an appraisal), they can establish the value of a piece
of property at trial by their testimony. Georgia statutory and case law allow
the parties to testify about their opinion of value of their property. See,
e.g., O.C.G.A. § 24-7-701(b) ("Direct testimony as to market value is in
the nature of opinion evidence. A witness need not be an expert or dealer in an
article or property to testify as to its value if he or she has had an
opportunity to form a reasoned opinion."); see generally Woodrum v. Ga. Farm
Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. App. 2018) (holding that lay
witness opinion testimony regarding diminished value of property is admissible);
see also Harper v. Ameris Bank, 326 Ga.App. 67 (2014) ("[a] party
seeking to confirm a nonjudicial foreclosure sale is under no obligation to
present an expert appraisal of the property. Direct testimony as to market
value is in the nature of opinion evidence. One need not be an expert or dealer
but may testify as to its value if he has had an opportunity for forming an
opinion. Of course, the opinions of experts as to the true market value of
property are admissible, and provide sufficient evidence of value to support a
trial court's order of confirmation.").
Valuation of property---and evidence
to present at trial to prove the value of disputed property---may be an
integral part of your divorce case and could have significant ramifications.
Therefore, if you have any questions regarding how the value of property may
affect your divorce case, you may want to consult with a Georgia divorce
lawyer.